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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)

Pancghvarnam Thangaraj, Port Blair vs. I.T.O., Ward - 3(4), Port Blair

The appeal of the assessee is allowed for statistical purposes

ITA 1855/KOL/2024[2017-2018]Status: DisposedITAT Kolkata06 Dec 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1855/Kol/2024 Assessment Year: 2017-18 Pancghvarnam Thangaraj…….. ……..……………………....Appellant Aberdeen Bazar, Port Blair, Union Territory Of Andaman & Nicobar Island – 744102. [Pan: Aejpt7625M] Vs. Ito, Ward-3(4), Port Blair…. ….…….…............................…..…..... Respondent Appearances By: Shri Akkal Dudhwewala, Ar & Vidhi Ladia, Ar, Appeared On Behalf Of The Appellant. Shri Susanta Saha & Shri Rajat Datta, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 05, 2024 Date Of Pronouncing The Order : December 06, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.05.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Ar Drew Our Attention To A Delay Of 35 Days In Filing The Instant Appeal. The Assessee Has Submitted An Application For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Application, We Condone The Delay.

Section 132Section 143(2)Section 250Section 44A

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

Gazole L S Cooperative Marketing Society Ltd., Malda vs. ITO, Ward 3(1), Malda

The appeal of the assessee is allowed for statistical purposes

ITA 107/KOL/2024[2017-18]Status: DisposedITAT Kolkata06 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.107/Kol/2024 Assessment Year: 2017-18 Gazole L S Cooperative Marketing Society Ltd.……....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aaaag4743K] Vs. Ito, Ward-3(1), Malda…..…. ….…….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Susanta Saha, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2024 Date Of Pronouncing The Order : December 06, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee An Agricultural Marketing Cooperative Society & Engaged In Purchase & Sale Of Agricultural Implements. The Primary Consumers Of The Society Are Members Of Large Number Of Primary Agricultural Society & Their Members In Locality. The Society Claimed Deduction U/S 80P(2)(A)(Iii) & (Iv) Of The Act Contending That The Profit From Its Activity Was Eligible For The Deduction. The Source Of The Cash Deposits In Question Was Attributed To Collections From Sales/Debtors During The Demonetization Period. However, Due To Large Size Of Documents & Vouchers Related To

Section 143(2)Section 143(3)Section 250Section 69ASection 80PSection 80P(2)(a)

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

Dy. Commissioner of Income Tax, Central Circle-8, Jhandewalan vs. Hanish Bansal, New Seelam Our, East Delhi

In the result, the appeal of the Revenue is dismissed

ITA 3855/DEL/2023[2016-17]Status: DisposedITAT Delhi06 Dec 2024AY 2016-17

Bench: Shri Shamim Yahya & Shri Sudhir Pareeka.Yr. : 2016-17 Dcit, Central Circle-8, Shri Hanish Bansal, E-2, Ara Centre, Jhandewalan Vs. F-86, New Seelam Pur, Extension, New Delhi – 55 Delhi – 53 (Pan: Aktpb0813B) (Appellant) (Respondent) Appellant By : Sh. Pranshu Singhal, Ca Respondent By : Sh. Rajesh Kumar Dhanesta, Sr. Dr. Date Of Hearing : 26.11.2024 Date Of Pronouncement : 06.12.2024 Order Per Shamim Yahya, Am : The Revenue Has Filed The Instant Appeal Against The Order Of The Ld. Cit(Appeal-24), New Delhi Dated 30.10.2023, Relating To Assessment Year 2016- 17 On The Following Ground:- 1. Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 1,46,37,772/- On Account Of Commission Income. 2. Ld. Cit(A) Has Erred In Treating Reassessment Order Invalid On Delay Issuance Of Notice U/S. 143(2) Of The Act During Covid 19 Pandemic. 3. Ld. Cit(A) Has Erred In Not Delving Into The Merits Of Case Where The Ao Has Dearly Established Commission Of The Assessee Based On Evidence Available. 2. At The Time Of Hearing, Ld. Ar For The Assessee Has Submitted That The Tax Effect In This Appeal Of The Revenue Is Below Rs. 60 Lakhs. In This Behalf, He Drew Our Attention Towards His Synopsis Wherein, It Has Been Mentioned That The Tax

For Appellant: Sh. Pranshu Singhal, CAFor Respondent: Sh. Rajesh Kumar Dhanesta, Sr. DR
Section 143(2)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”, NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER, AND SHRI SUDHIR