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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)

Sandip Madhukar Mhatre, Uran, Dist, Raigad vs. Assessing Officer, Assessment Unit, I.T.Department, Panvel

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

ITA 308/PUN/2024[2020-21]Status: DisposedITAT Pune05 Jun 2024AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.308/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Sandip Madhukar Mhatre, Vs. Assessing Officer, House No.1193, Mulekhand, Assessment Unit, I.T. At Post Uran Telipada, Department, Panvel. Dist. Raigad- 400702. Pan : Aempm9754P Appellant Respondent Assessee By : Shri Subodh Ratnaparkhi Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 27.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.01.2024 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Hon. Cit(A) Erred In Dismissing The Appeal Ex-Parte, For Alleged Non-Compliance To Appeal Notices, Inspite Of The Appellant Being Not Aware Of The Notices Issued & For This Reason The Order Dismissing The Appeal Was Not Justified & May Kindly Be Over Turned & Set Aside.

For Appellant: Shri Subodh RatnaparkhiFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 250(6)Section 28Section 57

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY

Rupmata Zilla Nagari Sahakari Patsanstha Ltd., Osmanabad vs. Income Tax Officer, Ward-1, Latur (Neac), Latur

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

ITA 257/PUN/2024[AY.2018-19]Status: DisposedITAT Pune05 Jun 2024

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.257/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Rupmata Zilla Nagari Sahakari Vs. Ito, Ward-1, Latur. Pathsanstha Ltd., Samarth Nagar, Osmanabad, Osmanabad- 413501. Pan : Aaaar9677H Appellant Respondent Assessee By : Shri Pratik Sandbhor Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.12.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit(A) Ought To Have Granted Sufficient Opportunity To The Appellant Before Passing An Exparte Order 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant May Be Granted An Opportunity To File Its Submission Before The Cit(A) 3. On The Facts & In The Circumstances Of The Case & In Law The Assessing Officer Erred In Assessing The Total Income At Rs. 4,69,37,065/-

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Sourabh Nayak
Section 143(2)Section 143(3)Section 80PSection 80P(2)(a)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY

Aurelia Housing Co-Operative Society Ltd., Kolkata vs. ITO, Ward-49(4), Kolkata.

In the result, appeal of the assessee is dismissed

ITA 1138/KOL/2023[2017-18]Status: DisposedITAT Kolkata05 Jun 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 1138/Kol/2023 Assessment Year: 2017-18 Aurelia Housing Co-Perative Income Tax Officer, Ward-49(4), Society Ltd. Vs Kolkata Premises No.-30 2222, Plot No. Cd-19 Action Area-I Major Arterial Road New Town Kolkata - 700156 [Pan : Aaaba0803F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Prabhas Roy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 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. 22/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2017-18. 2. None Appeared On Behalf Of The Assessee. On The Previous Occasion When The Case Was Fixed For Hearing On 07/02/2024 & 23/01/2024, The Assessee Sought Adjournment. Today, There Is No Appearance. We, Therefore, Decide To Adjudicate The Appeal On The Basis Of Available Record & Hearing The Ld. D/R. 3. The Sole Issue Involved In The Instant Appeal Is The Disallowance Of Depreciation Claimed Of Rs. 33,69,260/-. Facts In Brief Are That The 2

For Appellant: NoneFor Respondent: Shri Prabhas Roy, JCIT, Sr. D/R
Section 143(2)Section 2Section 250Section 36Section 57

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