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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)

Manohar Machhindra Thakur, Raigad vs. ITO, Ward 2, Panvel

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

ITA 1331/PUN/2023[2019-20]Status: DisposedITAT Pune20 Mar 2024AY 2019-20

Bench: Shri Partha Sarathi Chaudhury & Shri G.D. Padmahshalimanohar Machhindra Thakur, Vs Ito, Ward-2, Panvel. Dhutum Uran, Raigad-400702 Maharashtra. Pan: Ajjpt 7526 Q Appellant Respondent Assessee By : Shri Sharad Shah, Ar Revenue By : Shri Umesh Phade, Addl.Cit Date Of Hearing : 20/03/2024 Date Of Pronouncement : 20/03/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 31.10.2023 For A.Y.2019-20 As Per The Following Grounds Of Appeal:- “1. The Ld.Ao Erred In Taxing & Ld. Cit(A) Erred In Confirming The Amount Of Interest Received Of Rs. 5,17,55,606/- U/Sec. 28 Of The Land Acquisition Act & Thereby Erred In Taxing Rs. 2,58,77,803/- (After Giving 50% Deduction U/Sec. 57(Iv)). 2. Without Prejudice To Above, The Ld.Ao Be Directed To Consider Only My Share I.E. 1/5Th Only As Interest U/Sec. 28 & That Much Only Be Taxed After Giving 50% Deduction. 3. The Appellant Craves Its Right To Add To Or Alter The Grounds Of Appeal At Any Time Before Or During The Course Of Hearing Of The Case.”

For Appellant: Shri Sharad Shah, ARFor Respondent: Shri Umesh Phade, Addl.CIT
Section 143(2)Section 143(3)Section 28Section 57

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE „A‟ BENCHES :: PUNE BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER & SHRI G.D. PADMAHSHALI

M/S. Sivasakthi Tyres, Tuticorin vs. ITO, Ward-4, Tuticorin

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

ITA 586/CHNY/2023[2014-15]Status: DisposedITAT Chennai20 Mar 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 586/Chny/2023 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Sivasakthi Tyres, The Income Tax Officer, 184/9B, Vvd Road, Vs. Ward -4, Tuticorin – 628 008. Tuticorin. Pan: Abkfs 7778L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri V.J. Arul Raj & Shri P. Sivagaminathan, Advocates ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 20.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.03.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2022- 23/1050727795(1) Dated 14.03.2023. The Assessment Was Framed By The Income Tax Officer, Ward 4, Tuticorin For The Assessment Year 2014-15 U/S.143(3) R.W.S. 263 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 08.11.2019. 2. The Only Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A) Confirming The Action Of The Ao In Making Disallowance Of Payments Made By Way Of Cash For Purchase In Excess Of Rs.20,000/- & Thereby Violating The Provisions Of Section 40A(3) Of The Act. The Assessee Has Raised 17 Grounds, Which Are Argumentation, Factual & Citation Of Various Case Laws & Hence, Need Not Be Reproduced.

For Appellant: Shri V.J. Arul Raj &For Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(2)Section 143(3)Section 263Section 40A(3)

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