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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)

Syed Salahuddin, Chennai vs. Income-Tax Officer, Non-Corp, Ward 3(3), Chennai

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

ITA 4086/CHNY/2025[2016-17]Status: DisposedITAT Chennai13 Mar 2026AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:4086/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Shri Syed Salahuddin, The Income Tax Officer, No.15/8, Greams Road, Vs. Non-Corporate Ward 3(3), So Gulam Abbas Ali Khan, Chennai. 3Rd Street, Nungambakkam, Chennai – 600 006. Pan: Akips 7374P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Bharat Janarthanan, Advocate ""यथ" क" ओर से/Respondent By : Shri Arron Prasad, Addl.Cit (Through Virtual Mode) सुनवाई क" तारीख/Date Of Hearing : 12.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 13.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Chennai Dated 29.10.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2016-17. :- 2 -: 2. At The Very Outset, We Notice That The Order Passed By The First Appellate Authority (Faa) Is Ex-Parte, Since There Was No Compliance From The Assessee To Six Notices Issued From The Office Of The First Appellate Authority.

For Appellant: Shri Bharat Janarthanan, AdvocateFor Respondent: Shri Arron Prasad, Addl.CIT
Section 143(2)Section 143(3)Section 250

आयकर अपील"य अ"धकरण, ‘डी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI "ी जॉज" जॉज

Witmer Enterprises Pvt. Ltd., Chennai vs. ITO, Corporate Ward-3(3), Chennai

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

ITA 3840/CHNY/2025[2013-14]Status: DisposedITAT Chennai13 Mar 2026AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3840/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Witmer Enterprises Pvt. Ltd., Vs. The Income Tax Officer, No. 86, Vasanth Business Centre, Corporate Ward 3(3), Ttk Road, Alwarpet, Chennai 600 018. Chennai. [Pan: Aaacw6606P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 18.02.2026 घोषणा की तारीख /Date Of Pronouncement : 13.03.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.11.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2013-14. 2. The Ld. Ar Shri Y. Sridhar, C.A. Requested To Take Up Ground No. 3 As Preliminary Issue For Adjudication As It Goes To The Root Of The Matter. Having No Objection From The Ld. Dr Ms. Gouthami

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Ms. Gouthami Manivasagam, Addl. CIT
Section 143(2)Section 148Section 4

submits that the ld. CIT(A) erred in sustaining the reassessment, which was completed without jurisdiction as no valid notice under section 143(2) of the Income Tax Act, 1961 [“Act” in short] was issued or served on the assessee, which is mandatory in reassessment proceedings. The ld. AR drew ... attention to para 10 of the impugned order and argued that the ld. CIT(A) without considering the statutory provision, held notice under section 143(2) of the Act can be issued only when the assessee files return of income. He vehemently argued that the said findings is incorrect

Deputy Commissioner of Income Tax, Salem vs. Ravishankar, Salem

In the result, the appeal filed by the Revenue is dismissed

ITA 2626/CHNY/2025[2019]Status: DisposedITAT Chennai13 Mar 2026

Bench: Shri S.S. Viswanethra Ravi & Ms. Padmavathy, S.आयकर अपील सं./I.T.A. No.2626/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Deputy Commissioner Of Vs. Ravishankar, Income Tax, 735, Lrc Abarana Maaligai, Circle 1, Bazaar Street, Attur Tk, Salem. Salem 636 102. [Pan: Aahhr5519N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shiva Srinivas, Cit ""थ" की ओर से/Respondent By : Shri D. Anand, Advocate सुनवाई की तारीख/ Date Of Hearing : 24.02.2026 घोषणा की तारीख /Date Of Pronouncement : 13.03.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 21.05.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai For The Assessment Year 2019-20. 2. We Find That This Appeal Is Filed With A Delay Of 55 Days. The Dcit Circle 1, Salem Filed A Condonation Petition For The Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Dcit Are Bonafide, Which 2

For Appellant: Shri Shiva Srinivas, CITFor Respondent: Shri D. Anand, Advocate
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 69ASection 69B

issue are that the assessee is an HUF and filed return of income declaring income of ₹.5,88,09,370/-. Statutory notices under section 143(2) and section 142(1) of the Income Tax Act, 1961 [“Act” in short] were issued. According to the Assessing Officer, a survey under section