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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)

Rajiv Dasgupta, Kolkata vs. ITO, Ward-36(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 237/KOL/2024[2017-18]Status: DisposedITAT Kolkata28 Aug 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.237/Kol/2024 Assessment Year: 2017-18 Rajiv Dasgupta….…...…………….....……………………....………....Appellant 4Th Floor, Olisha Realty, 4, Government Place, Bbd Bagh, Kol-1. [Pan: Caipd1936N] Vs. Ito, Ward-36(1), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Abhisek Bansal, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit (Sr. Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 05, 2024 Date Of Pronouncing The Order : August 28, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 24.11.2023 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 Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Order Of The Ld. Cit (A) Is Arbitrary, Illegal & Bad In Law. 2. For That The Ld. C.It (A) Erred In Deciding The Appeal In Haste Without Considering The Submission Of The Assessee & Going Through The Merits Of The Case. 3. For That The Ld. Cit (A) Is Bad In Law Since The Order Passed Is Not Any Speaking Order Nor The Cit (A) Has Looked Into The Assessment Records

Section 133(6)Section 143(2)Section 250Section 69A

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

ITO, Ward-2(1), International Taxation, Chennai vs. Shri Ahmed Thambi, Chennai

In the result, the appeal of the Revenue is dismissed

ITA 376/CHNY/2023[2017-18]Status: DisposedITAT Chennai28 Aug 2024AY 2017-18

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.376/Chny/2023 िनधा:रण वष: /Assessment Year: 2017-18 The Income Tax Officer, Shri Ahamed Thambi, Ward-2(1), Vs. New No.24, Old No.18-C, International Taxation, Mayor Sivashanmugam Pillai Chennai. Street, Nungambakkam, Chennai – 600 034. [Pan: Ahcpr 1686A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथG की ओर से/ Assessee By : Shri N. Arjun Raj, Advocate IjथG की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 10.06.2024 घोषणा की तारीख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-16, Chennai [Hereinafter “Cit(A)]In Ita No.12/Cit(A)-16/2021-22, Dated 19.01.2023. The Assessment Was Framed By The Income Tax Officer, International Taxation, Ward-2(1), Chennai For The Assessment Year 2017-18 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 13.04.2021. :- 2 -:

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 142(1)Section 143(2)Section 143(3)

आयकर अपीलीय अिधकरण, ‘बी’ "ायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI "ी महावीर िसंह, उपा ! एवं

Kalyanasundaram Suresh, Chennai vs. ACIT Non Corporate Circle 2, Chennai

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

ITA 297/CHNY/2019[2013-14]Status: DisposedITAT Chennai28 Aug 2024AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.297/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 Shri Kalyanasundaram Suresh, Vs. The Assistant Commissioner Of Old No. 12-A, New No. 24, Income Tax, Swarnamangalam East Road, West Non Corporate Circle 2, Cit Nagar, Nandanam, Chennai. Chennai 600 035. [Pan: Aobps4696F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Ravi Kannan, Advocate & Shri Varun Ranganathan, Advocate ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 23.07.2024 घोषणा की तारीख /Date Of Pronouncement : 28.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.12.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals)-2, Chennai For The Assessment Year 2013-14. 2. The Ld. Ar Shri K. Ravi Kannan, Advocate Drew Our Attention To The Additional Grounds Of Appeal Filed On 10.12.2023 & Submits That The Said 3 Grounds Of Appeal May Be Taken Up First The Ld. Dr Shri R.V.

For Appellant: Shri K. Ravi Kannan, Advocate &For Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 127Section 143(2)Section 5

fails and dismissed. 6. The second additional ground raised by the ld. AR on behalf of the assessee is that the notice under section 143(2) r.w.s. 129 of the Act dated 07.10.2015 is barred by limitation. Against this ground, the ld. AR filed following written submissions: II. The Notice ... issued by the Deputy Commissioner of Income Tax, Non Corporate Circle -2 is barred by limitation because the according to the proviso to section 143(2), no notice u/s. 143(2) shall be served on the assessee after the expiry of "six months" from the end of the financial year