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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)

Phoenix Hitech Pvt. Ltd., Kolkata vs. D.C.I.T., Central Circle - 1(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1824/KOL/2024[2009-2010]Status: HeardITAT Kolkata22 Nov 2024AY 2009-2010

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1824/Kol/2024 Assessment Year: 2009-10 Phoenix Hitech Pvt. Ltd….…………………………………………….…..……Appellant 20, B. T. Road, Kolkata-700002. [Pan: Aadcp7251J] Vs. Dcit, Central Circle-1(3), Kolkata..............….........……........……...…..…..Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Appellant. Shri Prakash Nath Barnwal, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 29, 2024 Date Of Pronouncing The Order : November 22, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 16.07.2024 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 Assessee Filed Its Income Tax Return On 24.09.2009 Declaring A Total Income Of Rs.83,95,690/-. The Return Was Processed U/S 143(1) Of The Act. Subsequently, The Case Was Selected For Scrutiny & Notices Were Issued U/S 143(2) & 142(1) Of The Act & Assessment Order U/S 143(3) Was Completed On 29.12.2011 With A Total Assessed Income Of Rs.93,95,690/-. Later On, The Assessing Officer Noticed That The Assessee Had Received A Loan Of Rs.2,11,39,885/- From M/S H. S. Infrastructure & Services Pvt. Ltd. During The Relevant Financial Year. Both The Assessee & M/S H. S. Infrastructure & Services Pvt. Ltd. Has Common Shareholders Namely Shri Haranjit Singh & Mr. Subash Bera Holding More Than 10% Of The Share Capital In Both Companies. The Assessing

Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 250Section 263

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

Anilkumar Dwarkaprasad Modani, Ahmedabad vs. The Dy. CIT, Circle-2(1)(1)(Previously Dy.CIT, Circle-3(1)), Vadodara

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

ITA 1572/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad21 Nov 2024AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1572/Ahd/2024 िनधा"रण वष" /Assessment Year : 2013-14 Anilkumar Dwarkaprasad Modani The Dy.Cit बनाम/ A-17, Videocon Housing Colony Circle-2(1)(1) V/S. Chavaj, Bharuch 392 002 Vadodara (Gujarat) "थायी लेखा सं./Pan:Acnpm 0273 C अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Hemant Suthar, Ar Revenue By : Shri Surendra Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/11/2024 घोषणा की तारीख /Date Of Pronouncement: 21/11/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 26/12/2023 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] For The Assessment Year (Ay) 2013-14, In Which The Addition Made By The Assessing Officer [Hereinafter Referred To As “Ao)”] Under Section 50C Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] Was Confirmed Vide Assessment Order Dated 28/03/2016. Facts Of The Case: 2. The Assessee, An Individual Earning Income From Salaries, Trading In Shares & Securities, Capital Gains & Other Sources, Filed His Return Of Anilkumar Dwarkaprasad Modani Vs. The Dcit Asst. Year : 2013-14

For Appellant: Shri Hemant Suthar, ARFor Respondent: Shri Surendra Kumar, Sr.DR
Section 143(2)Section 143(3)Section 50CSection 50C(2)

2 income electronically on 05.08.2013, declaring total income of Rs.65,92,970/-. The return was selected for scrutiny, and notice under Section 143(2) of the Act was issued on 03.09.2014, which was duly served upon the assessee. The case was subsequently examined, and the AO completed the assessment under