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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)

Irla Co-Op Hsg Soceity Ltd, Mumbai vs. Ward 25(2)(5), Mumbai

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

ITA 4269/MUM/2023[2016-17]Status: DisposedITAT Mumbai21 Jun 2024AY 2016-17

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary, Irla Co-Op Hsg Society Vs. Ito, Ward 25(2)(5) Limited, 191/A, Prime Maharashtra – 400054 Mall Irla, Vile Parle (West) Mumbai – 400056 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaaai4878F Appellant .. Respondent Appellant By : Pramod Parida Respondent By : H.M. Bhatt Date Of Hearing 13.05.2024 Date Of Pronouncement 21.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Assessment Order Dated 23.11.2018 Passed U/S 143(3) Of The Income Tax Act, 1961 For The Assessment Year 2016-17. The Assessee Has Raised The Following Grounds Before Us: “1. Disallowance U/S 43B- 61,01,040/- I) The Id. Cit(A) Erred In Confirming The Disallowance Of Statutory Liabilities Without Appreciating That The Same Had Been Paid Before The Due Date Of Filing Of Return U/S 139(1) & Further Erred In Holding That The Appellant, A Co-Op Housing Society (Chs), Is Doing Business Activity, Therefore, As Sec 438 Is Not Applicable On The Face It Being Eligible For The Benefit U/S 80P, The Disallowance Of Rs.61.01.040/- Is Uncalled For & The Same May Be Deleted Ii) Without Prejudice To Above, The Id Cit(A) Erred In Holding That The Concept Of Mutuality Does Not Apply To The Appellant Where There Is Close Nexus Of All Its Funds Flow Are Utilized Exclusively For The Benefit Of Its Members, Hence The Disallowance Made May Be Deleted As Consistency Needs To Be Respected. 2. Taxability U/S. 22 Or U/S. 56- Rental Or Hire Charges Rs.8,73,634/-

For Appellant: Pramod ParidaFor Respondent: H.M. Bhatt
Section 139(1)Section 143(2)Section 143(3)Section 22Section 24Section 43BSection 56Section 80P

P a g e | 1 IRLA Co-op HSG Society Ltd. VS. ITO, Ward 25(2)(5) IN THE INCOME

Convonix Systems Private Limited, Mumbai vs. Assistant Commissioner of Income Tax, Circle 15(1)(2), Mumbai

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

ITA 4061/MUM/2023[2017-18]Status: DisposedITAT Mumbai21 Jun 2024AY 2017-18

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyconvonix Systems Private Vs. Assistant Commissioner Limited, 15Th Floor, Urmi Of Income Tax, Circle Estate, 95, Ganpatrao 15(1)(2), 4Th Floor, Kadam Marg, Delisle Road Aayakar Bhavan, S.O. Mumbai, Maharishi Karve Road, Maharashtra – 400013 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccc5795P Appellant .. Respondent Appellant By : Pratik Shah Respondent By : H.M. Bhatt Date Of Hearing 22.05.2024 Date Of Pronouncement 21.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & In The Circumstances Of The Case & In Law, The Assessment Order Passed By The Ld. Assistant Commissioner Of Income- Tax ("Ld. Ao") Under Section 143(3) Of The Income-Tax Act, 1961 ("The Act") Assessing The Income Of The Appellant At Inr 18,07,08,220/-Instead Of Returned Income Of Inr 17,15,15,710/- & The Demand Raised Thereon On The Appellant Is Invalid & Bad In Law, The Appellant Prays That The Addition Made By The Ld. Ao Be Deleted 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Commissioner Of Income-Tax Appeals ['1D. Cit(A)'] Erred In Confirming The Order Of The Ld. Ao In Making An Adhoc Disallowance Of 50% In Relation To The Shared Service Expenses Amounting To Inr 91,92,505/-.

For Appellant: Pratik ShahFor Respondent: H.M. Bhatt
Section 143(2)Section 143(3)Section 270A

P a g e | 1 Convonix Systems Pvt. Ltd. Vs. ACIT, Circle 15(1)(2) IN THE INCOME TAX APPELLATE

Arun Kumar Chaturvedi, Kanpur vs. ACIT-3, Kanpur

ITA 108/LKW/2024[2013-14]Status: DisposedITAT Lucknow20 Jun 2024AY 2013-14

Bench: Hon’Ble Shri Sudhanshu Srivastava & G. D. Padmahshaliआयकर अपील सं. / Ita No.108/Lkw/2024 िनधा"रण वष" / Assessment Year : 2013-14 Arun Kumar Chaturvedi 12/9, Vishno Puri Colony, Nawab Ganj, Kanpur. Pan: Abcpc6864F . . . . . . . अपीलाथ" / Appellant बनाम / V/S. Asstt. Commissioner Of Income Tax-3 Kanpur . . . . . . . ""थ" / Respondent "ारा / Appearances Assessee By : None [Adjournment Rejected] Revenue By : Mr Sunil Kumar Rajwanshi [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 20/06/2024 घोषणा की तारीख / Date Of Pronouncement : 20/06/2024 आदेश / Order Per G. D. Padmahshali, Am; This Appeal Is Filed U/S 253(1)(A) Of The Income Tax Act [‘The Act’] By The Assessee Challenging The Order Of National Faceless Appeal Centre, Delhi [‘Nfac/Cit(A)’] Din & Order Itba/Nfac/S/250/2023-24/ 1059274800(1) Dt. 02/01/2024 Passed U/S 250 Of The Act Which In Turn Arisen Out Of Order Of Assessment Dt. 31/03/2016 Passed U/S 143(3) Of The Act. 2. Briefly Stated Facts Anent To The Case Are That; 2.1 The Assessee Contractor Is A Proprietor Of M/S Hi-Tech Controls Filed His Return Of Income Declaring ₹16,43,890/- For The Year Under Consideration. The Case Of The Assessee Was Selected For Scrutiny By

For Appellant: None [Adjournment Rejected]For Respondent: Mr Sunil Kumar Rajwanshi [‘Ld. DR’]
Section 143(2)Section 143(3)Section 250Section 251Section 253(1)(a)Section 40Section 41(1)

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH LUCKNOW BEFORE HON’BLE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND G. D