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“Section 143(2)”

Section References (mined)Section 143Section 143(2)17,209 judgments

The decision most relied on for Section 143(2) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 judgments on BharatTax.

Leading authorities on Section 143(2)

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Judgments citing Section 143(2)

Penugonda Venkateswara Rao, Tenali vs. Income Tax Officer, Ward-1, Tenali

ITA 222/VIZ/2024[2019-20]Status: DisposedITAT Visakhapatnam28 Jan 2025AY 2019-20

Bench: Shri Duvvuru Rl Reddy, Hon'Ble Vice- & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.T.A.No.222/Viz/2024 (निर्धारण वर्ष/ Assessment Year: 2019-20) Penugonda Venkateswara Rao D.No. 16-3-137 Sri Shanmuka Jewellery Mall Sharoff Bazar, Tenali – 522201 Andhra Pradesh [Pan: Adkpp6347A] (अपीलार्थी/ Appellant) V. Income Tax Officer – Ward -1 Income Tax Office Opp. Sai Baba Temple Bose Road, Tenali – 522201 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Shri Gvn Hari, Ar : Dr. Satyasai Rath, Cit(Dr) : 19.12.2024 : 28.01.2025 आदेश /Order Per Shri S Balakrishnan: 1. This Appeal Is Filed By The Assessee Against Order Passed By Learned Principal Commissioner Of Income Tax [Hereinafter “Ld.Pr.Cit"] Vide Din & Order No. Itba/Rev/F/Rev5/2023-24/1063745349(1) Dated 31.03.2024 For The A.Y. 2019-20 Arising Out Of Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (In Short ‘Act') Dated 26.09.2021.

Section 115BSection 133ASection 143(2)Section 143(3)

Further the assessee also retracted from his admission of payment of taxes under section 115BBE of the Act. Accordingly, statutory notices under section 143(2) and 142(1) of the Act were issued and served on the assessee from time to time. In response, assessee submitted the details. The survey

Shyam Sunder Ravinuthala, Hyderabad vs. ITO., Ward-10(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 1232/HYD/2024[2016-17]Status: DisposedITAT Hyderabad28 Jan 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.1232/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Shyam Sundar Vs. Income Tax Officer Ravinuthala Ward-10(1) Hyderabad Hyderabad [Pan :Amvpr6998K] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Mohd Afzal, Ar रधजस् व द्वधरध/Revenue By: Shri Srikanth Reddy Y, Dr सुिवधई की तधरीख/Date Of Hearing: 22/01/2025 घोर्णध की तधरीख/Date Of 28/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Pertaining To A.Y.2016-17. 2. The Brief Facts Of The Case Are That The Assessee, A Salaried Employee Filed His Return Of Income For The A.Y.2016-17 On 31.03.2017, Declaring Total Income Of Rs.8,33,600/-. The Case Was Selected For Scrutiny Under Cass To Verify ‘Whether Contract

For Appellant: Mohd Afzal, ARFor Respondent: Shri Srikanth Reddy Y, DR
Section 142(1)Section 143(2)

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B’ Bench, Hyderabad Before Shri Manjunatha G., Accountant

Dalmia Dsp Limited (Formerly Known As Kalyanpur Cements Limited), Kolkata vs. DCIT, Circle - 5(1), Kolkata

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 54/KOL/2019[2010-11]Status: DisposedITAT Kolkata28 Jan 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.54/Kol/2019 Assessment Year: 2010-11 Dalmia Dsp Ltd………………..………........………………....Appellant 2&3, Lic Building, Dr. Rajendra Prasad Sarani, (Clive Row), Kolkata-1. [Pan: Aabck1273H] Vs. Dcit, Circle-5(1), Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Navin Verma, Fca, Appeared On Behalf Of The Appellant. Shri Subhendu Datta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2024 Date Of Pronouncing The Order : January 28, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.11.2018 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Assessment Year 2010-11. 2. Brief Facts Of The Case Are That The Assessee Company Filed Its Return Of Income On 25.09.2010 By Declaring A Total Loss Of Rs.63,97,05,090/-. The Return Was Processed U/S 143(1) Of The Act. Subseqeuntly, The Case Of The Assessee Was Selected For Scrutiny & A Notice U/S 143(2) Of The Act Was Issued & Assessment Order Was Passed U/S 143(3) Of The Act On 24.01.2013 Determining A Total Loss Of Rs.60,17,78,201/-. Later On, The Case Was Reviewed U/S 263 Of The Act Considering The Assessment Order Dated 24.01.2013 As It Was Found Erroneous & Prejudicial To The Interest Of Revenue As Per Order Dated 30.03.2015 U/S 263 Of The Act Setting Aside The File To The Assessing

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 263Section 43B

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Rajesh