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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)

Bablu Sarkar, Kolkata vs. ITO, Ward-25(1), Kolkata

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

ITA 869/KOL/2024[2018-19]Status: DisposedITAT Kolkata20 Nov 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.869/Kol/2024 Assessment Year: 2018-19 Bablu Sarkar………………………………………………………….…..……Appellant B-28, Paschim Putiary, Kolkata – 700041. [Pan:Bqpps6351C] Vs. Ito, Ward-25(1), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Ashu Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 19, 2024 Date Of Pronouncing The Order : November 20, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 22.02.2024 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’) For Assessment Year 2018-19. 2. The Brief Facts Of The Case Are That The Case Of The Assessee Was Selected For Limited Scrutiny Under E-Assessment Scheme 2019 In Order To Examine Cash Deposits Made During The Assessment Year Under Consideration. The Assessment Order Was Passed U/S 143(3) R.W.S 144B Of The Act. The Assessee Filed His Return Of Income On 29.08.2018 By Declaring Total Taxable Income Of Rs.3,08,880/-. A Notice U/S 143(2) Of The Act Was Issued Followed By A Notice U/S 142(1) Of The Act. However, The Assessee Did Not Submit Any Reply In Compliance To The Notices Issued By The Assessing Officer. Based On The Details Or Records Available With The Department, The Assessing Officer Observed That During The Financial Year 2017-18, The Assessee Had Deposited Rs.4,19,23,772/- In

Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

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

Mohammed Taj, Kolkata vs. D.C.I.T., CC - 3(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1184/KOL/2024[2021-2022]Status: DisposedITAT Kolkata20 Nov 2024AY 2021-2022

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1184/Kol/2024 Assessment Year: 2021-22 Mohammed Taj……….………………………..……….………….…..……Appellant 11, Balmukund Macker Road, Kolkata – 700007. [Pan: Aaccpt0441J] Vs. Dcit, Central Circle-3(1), Kolkata.…....…………..…........……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar, Appeared On Behalf Of The Appellant. Shri A. Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2024 Date Of Pronouncing The Order : November 20, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Filed By The Assessee Against The Order Dated 28.03.2024 Of The Commissioner Of Income Tax (Appeals)-21, 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 Is An Individual & Filed Its Return Of Income On 26.03.2022 Declaring Total Income Of Rs.38,93,560/- U/S Section 139 Of The Act. Subsequently, A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 13.01.2021 In The Case Of Hospitality Group Of Cases To Which The Assessee Belongs. The Search Operation Extended To The Premises Of The Assessee At 11, Bal Mukund Mackar Road, Khaja House, Barabazar, Kolkata-700007. Following The Search Operation, The Case Of The Assessee Was Centralized With Central Circle-3(1), Kolkata & Subsequently, The Case Was Transferred To The Pr. Cit-13, Kolkata. Consequently, A Notice U/S 143(2) Of The Act Was Issued Which Was Followed By Issuing A Notice U/S 142(1)

Section 132Section 139Section 142(1)Section 143(2)Section 250Section 69C

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

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Nungambakkam, Chennai vs. Adarsh Estates Private Limited, Mylapore, Chennai

In the result, the appeal of the revenue vide

ITA 722/CHNY/2024[2013-14]Status: DisposedITAT Chennai20 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.722 /Chny/2024 धििाारण वर्ा /Assessment Year: 2013-14 Assistant Commissioner Of Adarsh Estates Private Limited, Income Tax, Vs. No.189/139, Golden Enclave, Corporate Circle-1(1), Luz Church,Mylapore,Chennai-4 Nungambakkam, [Pan: Aadca5788R) Chennai आयकर अपील सं./ Co.No.52 /Chny/2024 धििाारण वर्ा /Assessment Year: 2013-14 Adarsh Estates Private Limited, Assistant Commissioner Of No.189/139, Golden Enclave, Luz Vs. Income Tax, Church, Mylapore, Chennai Corporate Circle-1(1), [Pan: Aadca5788R) Nungambakkam, Chennai (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Ms.Sonali Khatod, C.A. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 22.08.2024 घोर्णा की तारीख /Date Of Pronouncement : 20.11.2024 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Vide Ita No.722 Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2023-24/1059764842(1) Dated 16.01.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years

For Appellant: Ms.Sonali Khatod, C.AFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 142(1)Section 147Section 148Section 69

आयकर अपीलीय अधिकरण, ‘बी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI माननीय श्री मनु कुमार गिरि