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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)

Samar Biri Factory, Siliguri vs. A.O., Assessment Unit, Bengaluru

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

ITA 582/KOL/2024[2020-21]Status: DisposedITAT Kolkata24 Jun 2024AY 2020-21

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 582/Kol/2024 Assessment Year: 2020-21 Samar Biri Factory Assessing Officer, Assessment Unit Aurobindopally Vs Siliguri - 734006 [Pan : Aaofs7941N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sujit Basu & Rajib Mukherjee, Advocate Revenue By : Shri G. Ajay Robin Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 12/06/2024 घोषणा क" तारीख /Date Of Pronouncement: 24/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, (Hereinafter The “Ld. Cit(A)”) Dt. 19/02/2024, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2020-21. 2. Though The Assessee Has Raised Various Grounds Of Appeal But The Main Contention Of The Assessee Is That On Account Of The Death Of The Key Person Of The Assessee Firm, No One Could Appear Before The Ld. Assessing Officer And, Thereafter When The Appeal Was Filed Before The Ld. Cit(A), The Same Was Dismissed On Account Of Delay In Filing The Appeal. It Was Prayed That Since High Pitched Assessment Has Been Made In The Case Of Assessee By The Ld. Assessing Officer & Assessee Had No Opportunity To Furnish The Details, The Issues On Merits May Be Restored To The File Of The Ld. Assessing Officer For De Novo Adjudication.

For Appellant: Shri Sujit Basu & Rajib Mukherjee, AdvocateFor Respondent: Shri G. Ajay Robin Singh, JCIT, Sr. D/R
Section 139(1)Section 143(2)Section 250Section 36(1)(va)Section 43BSection 69C

| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE DR. MANISH BORAD, HON’BLE

P.Srinivasan, Salem vs. ITO, Ward 1(1), Hosur

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

ITA 870/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jun 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 870/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Ponnusamy Srinivasan, The Income Tax Officer, No.51/19, Venugopalasamy Street, Vs. Ward 1(1), Hosur – 635 109. Hosur. Pan: Gcyps 1607B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T.S. Subramaniam, Fca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1060347000 (1) Dated 30.01.2024. The Assessment Was Framed By The Income Tax Officer, Ward 1, Hosur For The Assessment Year 2017-18 U/S.144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 29.12.2019. 2. At The Outset, The Ld.Ar For The Assessee Stated That The Order Of Cit(A) Is Ex-Parte & There Is No Adjudication By Cit(A)-Nfac On Merits Of The Case. It Was Stated By Ld.Ar That Even On Jurisdictional Ground On New Issue Of 143(2) Of The Act, The Cit(A)-Nfac Has Not Properly Adjudicated The Issue. On Merits, The Issue Is Addition Made By The Ao Of Unexplained Cash Deposit Added U/S.69A Of The Act & Taxed U/S.115Bbe Of The Act Amounting To Rs.31,13,500/- & Assessing ‘Income From Other Sources’ At Rs.22,97,140/-. The Ld.Ar Stated That The Cit(A)-Nfac Has Given His Adjudication As Under:- 6. Ground No. 6: This Ground Pertains To Legality Of Assessment U/S 144 Without Issuance Of Notice U/S 143(2).

For Appellant: Shri T.S. Subramaniam, FCAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 115BSection 143Section 143(2)Section 144Section 69A

आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ,चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी महावीर "सह, उपा"य