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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)

DCIT, Ahmedabad vs. Tripoli Management Private Limited, Ahmedabad

In the result, the Revenue’s appeal stands dismissed

ITA 5/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad01 Aug 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.5/Ahd/2024 "नधा"रण वष" /Assessment Year : 2016-17 The Dcit Tripoli Management Pvt.Ltd. Ahmedabad बनाम/ 8-301, Safal Pegasis 100 Ft. Road V/S. Prahladnagar Ahmedabad- 380 015 "थायी लेखा सं./Pan: Aabct 0588 J (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Vartik Chokshi, Ar Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 29/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 01/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Revenue As Against The Order Dated 19/10/2023 Passed By The Ld.Commissioner Of Income Tax(Appeals)-12, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 27/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. The Dy.Cit Vs. Tripoli Management Pvt.Ltd. Asst. Year : 2016-17

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 131Section 133(6)Section 143(3)Section 68Section 69C

disclosing a total income of Rs. 20,48,130/-. The case was selected for scrutiny and notices under sections 143(2) and 142(1) of the Act were issued to the assessee. The assessee filed required documents online. During the assessment proceedings, the AO observed that the assessee-company

Metro Heritage Pvt.Ltd., Vadodara vs. Dy.CIT., Circle-2(1)(2), Vadodara

The appeal of the Assessee is treated as allowed for statistical purposes

ITA 616/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad01 Aug 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.616/Ahd/2023 "नधा"रण वष" /Assessment Year : 2016-17 Metro Heritage Pvt.Ltd. The Dy.Cit 30-A Vishwas Colony बनाम/ Circle-2(1)(2) Beside Kesha Hospital Vadodara V/S. Alkapuri Vadodara – 390 007 "थायी लेखा सं./Pan: Aaecm 2161 M (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Hemant Suthar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 29/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 01/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 21/06/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 19/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. Metro Heritage Pvt.Ltd. Vs. Dy.Cit Asst. Year : 2016-17

For Appellant: Shri Hemant Suthar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 143(3)Section 271(1)(b)

declaring total income of Rs.17,97,090/-. The case was selected for the scrutiny under CASS. Notices under sections 143(2) and 142(1) of the Act were issued to the assessee but the assessee failed to furnish the details as required. Hence, the AO also issued a show cause

Sheetal Collection, Jalgaon vs. DCIT, Circle-2, Jalgaon

ITA 1074/PUN/2024[2014-15]Status: DisposedITAT Pune01 Aug 2024AY 2014-15

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2014-15 M/S Sheetal Collection Shop No. 16, Fule Market, Jalgaon-425001 Pan: Acifs1530K. . . . . . . . Appellant V/S Dy. Commissioner Of Income Tax, Circle-2, Jalgaon. . . . . . . . Respondent Appearances Assessee By : Mr V V Kawdia [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 25/07/2024 Date Of Pronouncement : 01/08/2024 Order Per G. D. Padmahshali, Am; Against Din & Order No. Itba/Apl/S/250/2023-24/1063185555(1) Dt. 22/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Passed By The Commissioner Of Income Tax Appeal-11 Pune [‘Cit(A)’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Passed U/S 143(3) Of The Act By The Dy. Commissioner Of Income Tax, Circle-2, Jalgaon [‘Ao’ Hereinafter] Anent To Assessment Year 2014-15 [‘Ay’ Hereinafter] The Assessee Is In Appeal. 2. Tersely Stated The Facts Of The Case Are That; 2.1 The Assessee Is A Partnership Firm & Engaged In Retail Trading Business Of Readymade Garments. During The Year Under Consideration A Survey Action U/S 133A Of The Act On The Assessee Firm Was Carried Out & A Statement Of Its Partner Was Recorded. In Answering To Question Number 16 The Partner Declared/Admitted Certain

For Appellant: Mr V V Kawdia [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 132(4)Section 133ASection 139(1)Section 143(2)Section 143(3)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH PUNE BEFORE HON’BLE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND SHRI