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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)

Alip Mitra, Nadia vs. I.T.O., Ward - 41(1), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 2085/KOL/2024[2017-2018]Status: DisposedITAT Kolkata05 Dec 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2085/Kol/2024 Assessment Year: 2017-18 Alip Mitra………….… ……….. ……..……………………....Appellant Baranasi Roy Road, Goari Bazar, Krishna Nagar, Sonapatty, Nadia, W.B. – 741101. [Pan: Abafa6640D] Vs. Ito, Ward-41(1), Nadia…. ….…….…............................…..…..... Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2024 Date Of Pronouncing The Order : December 05, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.08.2024 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. The Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Distribution/Selling Of Products Of Hindustan Lever & Itc & Filed His Return Of Income Declaring A Total Income Of Rs.4,14,860/- For The F.Y 2016-17 Relevant To A.Y 2017-18. The Return Was Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Selected For Scrutiny Due To Large Cash Deposit Made During The Demonetization Period. Notices U/S 143(2) & 142(1) Of The Act Were Issued & The Assessee Complied With By Submitting Required Documents & Made Appearance Before The Assessing Officer Through His Engaged Authorized Representative (Ar). During The Assessment

Section 143(1)Section 143(2)Section 250

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

Damodar Distributors Pvt. Ltd., Kolkata vs. ACIT, Cen. Cir. 1(2), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 19/KOL/2024[2009-10]Status: DisposedITAT Kolkata05 Dec 2024AY 2009-10

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.19/Kol/2024 Assessment Year: 2009-10 Damodar Distributors Pvt. Ltd....……………………....Appellant 4Th Floor, Room No.401A, 154, Lenin Sarani, Kol-700013. [Pan: Aaccd6184D] Vs. Acit, Central Circle-1(2), Kolkata.…............................…..…..... Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2024 Date Of Pronouncing The Order : December 05, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 05.12.2023 Of The Commissioner Of Income Tax (Appeals)- 20, Kolkata [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 Filed Its Return Of Income Declaring An Income Of Rs.2,665/- For Assessment Year 2009-10. The Assessing Officer Stated That An Information Was Received From Ddit(Inv.), Unit-4(1), Kolkata Regarding Statement From Various Entry Operators Who Utilised Bogus Entry Operators Including Proprietary/Partnership Concerns Who Deposited Cash & Issued Cheques On Demand Of Its Clients. The Assessee Was Identified As One Of The Beneficiaries. In This Regard, Necessary Approval Was Obtained & Notice U/S 148 Of The Act Was Issued To The Assessee On 30.03.2016. In Response To The Notice U/S 148, The Assessee Filed Its Return 28.04.2016. I.T.A. No.19/Kol/2024 Assessment Year: 2009-10 Damodar Distributors Pvt. Ltd

Section 143(2)Section 148Section 250Section 68

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

Nishant Choudhary, Fatehabad vs. ITO, Ward-1, Fatehabad

Appeal is allowed in above terms

ITA 2863/DEL/2019[2015-16]Status: DisposedITAT Delhi05 Dec 2024AY 2015-16

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 2863/Del/2019 : Asstt. Year : 2015-16 Nishant Choudhary, Vs Income Tax Officer, S/O Sh. Vijay Choudhary, Choudhary Ward-1, Niwas, G.T. Road (Opp. Ratia Fatehabad, Crossing), Fatehabad, Haryana-125050 Haryana-125050 (Appellant) (Respondent) Pan No. Aempc0965Q Assessee By : Sh. Raj Kumar, Adv. Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 03.12.2024 Date Of Pronouncement: 05.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2015-16, Arises Against The Order Of Cit(A)-5, Ludhiana Dated 13.02.2019 In Case No. 255/Rot/It/Cit(A)-5/Ldh/2018-19, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Raj Kumar, AdvFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR
Section 1Section 10(37)Section 142(1)Section 143Section 143(1)(a)Section 143(2)Section 143(3)Section 145B(1)Section 263Section 28

assessment Scheme, 2019 on two issues, namely refund claim and winning from Lottery/crossword puzzle/horse races. The Ld. Assessing Officer (“AO”) served notice under section 143(2) upon the assessee on 22.09.2019 followed by issue of notice under section 142(1) of the Act on 23.11.2020. The Ld. AO completed ... against which SLP stands dismissed by the Hon’ble Supreme Court. This is not so. During assessment proceedings in response to notice under section 143(2) and 142(1) of the Act, with reference to specific query on receipt of interest under section 28 of Land Acquisition Act, the assessee

Shreenathji Associates, Vadodara vs. The ITO, Ward-1(2)(4), Vadodara

In the result, all the three appeals of the assessee are treated as allowed for statistical purposes

ITA 594/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad04 Dec 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.592, 593 & 594/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15 & 2014-15 Respectively Shreenathji Associates The Ito बनाम/ Sb-1, Shreeji Avenue, W#Ard-1(2)(4) V/S. 11, Sampatrao Colony Vadodara – 390 007 Jetalpur Road Vadodara – 390 007 "थायी लेखा सं./Pan: Abufs 4107 P (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/12/2024 घोषणा की तारीख /Date Of Pronouncement: 04/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Appeals Filed By The Assessee Arise From The Orders Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 11/05/2023, 30/11/2023 & 02/02/2024 Respectively For The Assessment Years 2013-14 & 2014-15 (Both Under Original & Reassessment Proceedings). Since The Issue Involved In All These Appeals Is Common, They Are Being Disposed Of By This Common Order For The Sake Of Convenience.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)Section 250Section 43C

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “ए“,अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ A ” BENCH, AHMEDABAD "ी टी.आर. से""ल

Shreenathji Associates, Vadodara vs. The ITO, Ward-1(2)(4), Vadodara

In the result, all the three appeals of the assessee are treated as allowed for statistical purposes

ITA 593/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad04 Dec 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.592, 593 & 594/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15 & 2014-15 Respectively Shreenathji Associates The Ito बनाम/ Sb-1, Shreeji Avenue, W#Ard-1(2)(4) V/S. 11, Sampatrao Colony Vadodara – 390 007 Jetalpur Road Vadodara – 390 007 "थायी लेखा सं./Pan: Abufs 4107 P (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/12/2024 घोषणा की तारीख /Date Of Pronouncement: 04/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Appeals Filed By The Assessee Arise From The Orders Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 11/05/2023, 30/11/2023 & 02/02/2024 Respectively For The Assessment Years 2013-14 & 2014-15 (Both Under Original & Reassessment Proceedings). Since The Issue Involved In All These Appeals Is Common, They Are Being Disposed Of By This Common Order For The Sake Of Convenience.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)Section 250Section 43C

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “ए“,अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ A ” BENCH, AHMEDABAD "ी टी.आर. से""ल

Shreenathji Associates, Vadodara vs. The ITO, Ward-1(2)(4), Vadodara

In the result, all the three appeals of the assessee are treated as allowed for statistical purposes

ITA 592/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad04 Dec 2024AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.592, 593 & 594/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15 & 2014-15 Respectively Shreenathji Associates The Ito बनाम/ Sb-1, Shreeji Avenue, W#Ard-1(2)(4) V/S. 11, Sampatrao Colony Vadodara – 390 007 Jetalpur Road Vadodara – 390 007 "थायी लेखा सं./Pan: Abufs 4107 P (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/12/2024 घोषणा की तारीख /Date Of Pronouncement: 04/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Appeals Filed By The Assessee Arise From The Orders Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 11/05/2023, 30/11/2023 & 02/02/2024 Respectively For The Assessment Years 2013-14 & 2014-15 (Both Under Original & Reassessment Proceedings). Since The Issue Involved In All These Appeals Is Common, They Are Being Disposed Of By This Common Order For The Sake Of Convenience.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)Section 250Section 43C

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “ए“,अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ A ” BENCH, AHMEDABAD "ी टी.आर. से""ल