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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)

Sds Metals (I) Private Limited, Hyderabad vs. Income Tax Officer, Ward-3(1), Hyderabad

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

ITA 99/HYD/2024[2017-18]Status: DisposedITAT Hyderabad07 Mar 2024AY 2017-18

Bench: Shri Laliet Kumarassessment Year: 2017-18 Sds Metals (I) Private Vs. The Income Tax Officer, Limited, Hyderabad. Ward –3(1), C/O. P. Murali & Co., Hyderabad. Chartered Accountants, 6-3-655/2/3, Somajiguda, Telangana – 500082. Pan : Aascs1826P. (Appellant) (Respondent) Assessee By: Shri P. Murali Krishna, C.A. Revenue By: Shri B. Yadagiri, Sr.Ar Date Of Hearing: 07.03.2024 Date Of Pronouncement: 07.03.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2017-18 Arises From The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.18.09.2023 Invoking Proceedings Under Section 143(3) Of The Income Tax Act, 1961 (In Short, “The Act”).

For Appellant: Shri P. Murali Krishna, C.AFor Respondent: Shri B. Yadagiri, Sr.AR
Section 142(1)Section 143(2)Section 143(3)

appeal :- 1) 31.10.2017, which is the date of original filing of return, 2) 11.08.2018, which is the date of issuance of notice under section 143(2) of the Act and 3) 30.03.2019, after a gap of almost 18 months from the scrutiny notice, assessee admitted loss of Rs.13 ... that the scrutiny proceedings cannot be for the benefit of assessee and the assessee cannot revise the return after issuance of section 143(2) notice. The ld. DR has submitted that the ld.CIT(A) has dismissed the case on merits. He also submitted that once the scrutiny proceedings has started

N. Gunasekar, Salem vs. DCIT, Circle-1(1), Salem

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

ITA 1141/CHNY/2023[2012-13]Status: DisposedITAT Chennai07 Mar 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1141/Chny/2023 िनधा"रण वष"/Assessment Year: 2012-13 Shri N. Gunasekar, Vs. The Deputy Commissioner Of No. 196-C, Anna Nagar, Shyamala Income Tax, Nivas, Kannankurichi, No. 3, Gandhi Circle 1(1), Road, Salem 636 008. Salem. [Pan:Ajopg3410B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 07.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai, Dated 27.07.2023 Relevant To The Assessment Year 2012-13. 2. The Appeal Filed By The Assessee Is Delayed By 16 Days In Filing The Appeal, For Which, The Assessee Has Filed Detailed Petition For Condonation Of The Delay In Support Of An Affidavit. By Referring To The Above Condonation Petition, The Ld. Counsel For The Assessee Has Submitted That 2

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 132Section 139(4)Section 143(2)Section 143(3)

wherein, an amount of ₹.3,75,00,000/- was included as additional income declared under section 132 of the Act. Notices under section 143(2)/142(1) of the Act dated 23.10.2012 were issued and served on the assessee. After considering the submissions of the assessee against the notices issued