← All Phrases

“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)

Hbs Realtors Private Limited, Mumbai vs. DCIT 7(1)(2), Mumbai

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

ITA 3949/MUM/2023[2013-14]Status: DisposedITAT Mumbai18 Apr 2024AY 2013-14

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailhbs Realtors Pvt. Ltd. Vs. Dy. Commissioner Of 505 Ceejay House, Dr. Income Tax- 7(1)(2) Annie Besant Road, Worli Aaykar Bhavan Mumbai – 400018 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacc1641C Appellant .. Respondent Appellant By : Mandar Vaidya Respondent By : P.D. Chougule Date Of Hearing 16.04.2024 Date Of Pronouncement 18.04.2024 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. 2013-14. The Assessee Has Raised The Following Grounds Before Us: “1. The Ld. Cit(A) Erred In Treating The Appellant'S Appeal As 'Delayed Solely Because The Appeal, In The First Instance, Was Filed Manually & Not Electronically. 2. The Ld. Cit(A) Misdirected Himself In Not Appreciating That Failure To File The Appeal Electronically, In The First Instance Is, At Best, A Procedural Defect & The Difference Between 'Manual' & 'Electronic' Is, Merely Of Form. 3. The Ld. Cit(A) Was Not, In The Given Circumstances, Justified In Declining To Condone The Delay In Filing The Appeal 4. The Ld. Cit(A) Fell In Error In Not Appreciating That Plurality Of Objects Was Not Precluded In The Purposes Contemplated U/S.11(2) Of The Act.

For Appellant: Mandar VaidyaFor Respondent: P.D. Chougule
Section 11(2)Section 143(2)Section 143(3)Section 14A

P a g e | 1 HBS Realtors Pvt.Ltd. vs. Dy.CIT-7(1)(2) IN THE INCOME TAX APPELLATE TRIBUNAL “E

Shri Rameshbhai N. Savaliya, Ahmedabad vs. The Deputy Commissioner of Income Tax, Central Circle-1(1), Ahmedabad

In the result, the appeal filed by the assessee is partly allowed

ITA 1124/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad17 Apr 2024AY 2010-11

Bench: Smt.Annapurna Gupta & Ms. Suchitra Kambleassessment Year : 2010-11 Smt. Lilaben Rameshbhai The Dy.Cit Savaliya Vs Central Circle-1(1) Legal Heir Of Rameshbhai Ahmedabad N.Savaliya 12, Paritosh Bungalows Satellite Ahmedabad – 380 015 Pan: Abjps 1312 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sanjay R. Shah, Ar Revenue By : Ms. Saumya Pandey Jain, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/02/2024 घोषणा क" तार"ख /Date Of Pronouncement: 17/04/2024 आदेश/O R D E R Per Ms. Suchitra Kamblethis Appeal Is Filed By The Assessee Against The Order Dated 18/01/2017 Passed By The Commissioner Of Income-Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Cit(A)” In Short] For Assessment Year (Ay) 2010-11. 2. Grounds Of Appeal Are As Under: 1. The Learned Commissioner Of Income Tax, (Appeals)-11, Ahmedabad Has Erred In Law & On Facts Of The Case In Confirming The Addition Made By The Smt.Lilaben Rameshbhai .Savaliya Legal Heir Of Shri Rameshbhai N. Savaliya Asst.Year 2010-11

For Appellant: Shri Sanjay R. Shah, ARFor Respondent: Ms. Saumya Pandey Jain, Sr.DR
Section 142(1)Section 143(1)Section 143(2)Section 148

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ ‘ए’, अहमदाबाद

Chandravadan Desai, Kolkata vs. ITO, Ward-7(2), Kolkata

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 674/KOL/2023[2014-15]Status: DisposedITAT Kolkata17 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 674/Kol/2023 Assessment Year: 2014-15 Chandravadan Desai Income Tax Officer, Ward-7(2), Sb Tower, 3Rd Floor Vs Kolkata 37, Shakespeare Sarani Circus Avenue S.O. Kolkata - 700017 [Pan : Aabdh5812Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, A.R. Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/04/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (In Short ‘Ld. First Appellate Authority’) Dt. 09/05/2023 Which Is Arising Out Of The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’), Dt. 30/12/2016 Relevant To Assessment Year 2014-15 Framed By Acit, Circle-32, Kolkata. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case, The Lower Authorities Inspite Of Being Aware That Chandravadan Desai Huf Had Been Partitioned & Had Ceased To Exist Upon Its Partition On The 26Th Day Of March 2014 & The Impugned Penalty Order Passed By The Ao In The Name Of Chandravadan Desai Huf, A Non-Existent Person Was Invalid & Therefore The Order Deserves To Be Cancelled.

For Appellant: Shri Akkal Dudhewala, A.RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(2)Section 143(3)Section 271(1)(c)

| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE

Hoogly Dock & Port Engineers Ltd., Kolkata vs. DCIT, Cir. 1(1), Kolkata

In the result, appeal of the assessee is partly allowed

ITA 1474/KOL/2023[2020-21]Status: DisposedITAT Kolkata17 Apr 2024AY 2020-21

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1474/Kol/2023 Assessment Year: 2020-21 Hoogly Dock & Port Engineers Ltd. Dcit, Circle-1(1), Kolkata C/O. Syama Prasad Mookerjee Port Vs 15, Strand Road Kolkata - 700001 [Pan : Aaach7473B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri K.M. Sundaram, C.A. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/04/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (In Short ‘Ld. First Appellate Authority’) Dt. 20/11/2023 Which Is Arising Out Of The Assessment Order U/S 143(3)/144B Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’), Dt. 06/09/2022 Relevant To Assessment Year 2020-21 Framed By Assessment Unit, Income Tax Department. 2. Facts In Brief Are That The Assessee Is A Company Fully Owned By The Government Of India & Is A Public Sector Undertaking Carrying On The Business Of Building & Repair Of Ships & Boats. For The Year Under Consideration, E-Return Was Furnished On 27/01/2021 Which Was Subsequently Revised On 01/02/2021 Declaring Income Of Rs.1,53,68,81,820/-. After Serving Of Valid Notice U/S 143(2) & 142 (1)

For Appellant: Shri K.M. Sundaram, C.AFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 143(2)Section 143(3)Section 28Section 35DSection 40

| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE