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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)

Assistant Commissioner of Income Tax, Central Circle-1, Trichy vs. Shri. Somasundaram Venkatesan, Pudukkottai

In the result, the appeal filed by the Revenue is dismissed

ITA 481/CHNY/2024[2018-19]Status: DisposedITAT Chennai19 Dec 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.481/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 The Assistant Commissioner Of Vs. Shri Somasundaram Venkatesan, Income Tax, 4656, East Street, Central Circle 1, Pudukkottai 622 001. Trichy. [Pan:Abrpv2396J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri C. Murugesan, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkatesh, Fca सुनवाई की तारीख/ Date Of Hearing : 28.11.2024 घोषणा की तारीख /Date Of Pronouncement : 19.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 27.12.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals) Chennai-19, Chennai For The Assessment Year 2018-19. 2. The Appellant-Revenue Raised Ground Nos. 2 To 2.3 Of Appeal Amongst Which The Only Issue Emanates For Our Consideration Is To Whether The Ld. Cit(A) Was Justified In Deleting The Value Of Excess Gold Stock In The Facts & Circumstances Of The Case.

For Appellant: Shri C. Murugesan, Addl. CITFor Respondent: Shri R. Venkatesh, FCA
Section 133ASection 142(1)Section 147

page 1 of the paper book and submits that the Assessing Officer asked the details of bought note and bills through notice under section 143(2) of the Act and the assessee filed the same on 18.10.2021 vide acknowledgement at page 10 of the paper book. The ld. AR drew ... notice dated 30.09.2021, which is at page 1 of the paper book. On perusal of the notice issued by the Assessing Officer under section 143(2) of the Act, which clearly shows 8 I.T.A. No.481/Chny/24 that the Assessing Officer sought explanation from the assessee along with difference of excess gold

M/S. Basf Catalysts India Pvt. Ltd., Kanchipuram vs. DCIT, CC-1(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2293/CHNY/2024[2022-23]Status: DisposedITAT Chennai19 Dec 2024AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2293/Chny/2024 िनधा"रण वष"/Assessment Year: 2022-23 M/S. Basf Catalysts India Private Vs. The Deputy Commissioner Of Limited, P 8/1, Mahindra World City, Income Tax, Paranur, Kanchipuram 603 002. Corporate Circle 1(1), Chennai. [Pan:Aaace2545B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Krishnan, Advocate ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 03.12.2024 घोषणा की तारीख /Date Of Pronouncement : 19.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.07.2024 Passed By The Addl/Jcit (A)-1, Vadodara For The Assessment Year 2022-23. 2. At The Outset, The Ld. Ar Shri N.V. Krishnan, Advocate Challenged The Action Of The Ld. Cit(A) In Dismissing The Appeal By Refusing To Condone The Delay Of 120 Days In Filing The Appeal Against Intimation Under Section 143(1) Of The Income Tax Act, 1961 [“Act” In Short] Dated

For Appellant: Shri N.V. Krishnan, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 143(1)Section 143(2)

currently awaiting review, screenshot copy placed at page 14 of the paper book. Further he submits that the Assessing Officer issued notice under section 143(2) of the Act dated 01.06.2023 intimating the assessee that the return of income has been selected for scrutiny, placed at page ... paper book. He submits that since the notice issued under section 143(2) of the Act is time-barred and unsustainable under law, the assessee preferred an appeal against intimation under section 143(1) of the Act before the ld. CIT(A). He submits that the assessee filed condonation petition

Deputy Commissioner of Income Tax, Numgambakkam vs. Jsr Infra Developers Private Limited, Vellore

In the result, the appeal filed by the Revenue is dismissed

ITA 2253/CHNY/2024[2016-17]Status: DisposedITAT Chennai19 Dec 2024AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2253/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Jsr Infra Developers Private Income Tax, Limited, No. 4, 10A, East Central Circle 2(4), Cross Road, Gandhi Nagar, Chennai. Vellore 632 006, Tamil Nadu. [Pan:Aadcj4440P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Nilay Baran Som, Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 28.11.2024 घोषणा की तारीख /Date Of Pronouncement : 19.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai-19, Chennai For The Assessment Year 2016-17. 2. The Appellant-Revenue Raised 7 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is To Whether The Ld. Cit(A) Justified In Cancelling The Penalty Imposed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Nilay Baran Som, CITFor Respondent: Shri R. Venkata Raman, C.A
Section 132Section 132(4)Section 143(2)Section 153CSection 271(1)Section 271(1)(c)Section 274Section 80I

issued and in response to which, the assessee filed return of income declaring income of ₹.34,,49,56,240/-. Notices under section 143(2) and 142(1) of the Act issued and in response to which, the Authorized Representative appeared before the Assessing Officer. According to the Assessing Officer