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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)

Om Prakash Thakur, New Delhi vs. ITO Ward 29(3), New Delhi

In the result, the appeal of the assessee is allowed

ITA 542/DEL/2023[2013-14]Status: DisposedITAT Delhi12 Jul 2024AY 2013-14

Bench: Shri Shamim Yahyaom Prakash Thakur, Vs. Ito, Ward 29 (3), 118/01, Govind Puri, Galli No.2, New Delhi. Opp. To Kalkaji Bust Depot, New Delhi – 110 019. (Pan : Abgpt9067R) (Appellant) (Respondent) Assessee By : Shri Tajender Khanna, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Order : 12.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 17.01.2023 For The Assessment Year 2013-14. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Assessing Officer Has Erred In & (Nfac) Has Compounded The Error By Confirming The Action Of The Assessing Officer Limiting The Value Of The Deduction To Rs. 65.45 Lakh Only I.E. By Not Allowing Rs. 23.50 Lakh Which Was Paid By Assessee For Putting The House In Habitable Condition Under Section 54 Of The Income Tax Act. 2. The Assessing Officer Has Erred In & (Nf Ac) Has Compounded The Error By Not Recognizing The Fact That The Assessee Had Entered Into Two Separate Contracts With The Same Builder One For The Purchase Of Raw House Property & Second

For Appellant: Shri Tajender Khanna, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 143(1)Section 54

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’ : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER Om Prakash Thakur

Manchaiah Shivalingaiah, Bengaluru vs. Income Tax Officer Ward 1(2)(5), Bengaluru

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 944/BANG/2024[2017-18]Status: DisposedITAT Bangalore11 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeymanchaiah Shivalingaiah The Income Tax Officer No. 365/Ss, 1St Main, 2Nd Cross Ward - 1(2)(5) 3Rd Phase, Manjunath Nagar Vs. Bmtc Building, 80 Ft. Road Rajajinagar, Bengaluru 560010 Koramangala Pan – Bosps6014P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Likith Patel, M.K., Advocate Revenue By: Shri Ganesh R. Gahle, Standing Counsel Date Of Hearing: 19.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Vide Din & Order No. Itba/Nfac/S/250/2023-24/1062552904(1) Dated 13.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. On The Fact & Circumstances Of The Case, The Learned Cit(A) Erred In Upholding The Order Of The Assessing Officer, In The Manner In Which He Did. 2. On The Facts & Circumstances Of The Case, The Learned Cit(A) Erred In Providing Sufficient Opportunity To The Appellant To Put Forth The Submissions Of The Appellant.

For Appellant: Shri Likith Patel, M.K., AdvocateFor Respondent: Shri Ganesh R. Gahle, Standing Counsel
Section 143(2)Section 144Section 250Section 69

said return was selected for limited scrutiny under CASS for examination of the cash deposited during the demonetization period. Notices under Section 143(2) as well as 142(1) of the Act were issued. However, there is no response from the assessee in spite of ample opportunities were granted

Income Tax Officer, Ward-3(1)(1), Ahmedabad. vs. Gulamnabi Nuramahmadbhai Momin, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 362/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.362/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 The Income Tax Officer Gulamnabi Nuramahmadbhai बनाम/ Ward-3(1)(1) Momin Ahmedabad Plot No.524A V/S. Opp.Adarsh Hospital Nr.Telav Sheala Cross Road At Telav Sanand Ahmedabad 382 110 (Gujarat) "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah & Shri Saiyam V. Shah, Ars Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises Against The Order Of The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Ld.Cit(A)”] Dated 29-12-2023, For The Assessment Year (Ay) 2017-18, Wherein The Ld.Cit(A) Partly Allowed The Appeal Deleting Additions Made By The Assessing Officer Ito Vs. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri Prakash D. Shah &For Respondent: Shri Sudhakar Verma, Sr.DR
Section 115BSection 143(2)Section 143(3)Section 68

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ “डी“, अहमदाबाद

Tarun Santramdas Varma, Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

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

ITA 852/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.852/Ahd/2023 "नधा"रण वष" /Assessment Year : 2015-16 Tarun Santramdas Varma The Asst.Cit बनाम/ 307-308, Sarthik Square Circle 4 (1)(1) Nr. New Us Pizz, Ahmedabad V/S. Sg Highway Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaipv 6427 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Preferred By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Hereinafter Referred To As “The Ld.Cit(A)”), National Faceless Appeal Centre (Nfac), Delhi, Dated 29-8-2023 Pertaining To The Assessment Year (Ay) 2015-16, Arising From The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As Tarun Satramdas Varma Vs. Acit Asst. Year : 2015-16

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68

business, no books of accounts were maintained. 2.1. The assessee’s case was selected for limited scrutiny, and a notice under section 143(2) of the Act was issued by the Deputy Commissioner of Income Tax (DCIT), Circle 3(1)(1), on 19.09.2016. Subsequently, a notice under section