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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)

Mahapalika Kshetra Madhyamik Shikshak Sahakari Pat Sanstha Maryadit (Co-Operative Credit Society), Mumbai vs. ITO Ward 22 (2) (1), Mumbai

In the result the appeal of the assesse is allowed

ITA 3810/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhmahapalika Kshetra Vs. Ito Ward 22(2)(1) Madhyamik Shikshak Piramal Chambers, Sahakari Pat Sanstha Mumbai - 400012 Maryadit (Co-Operative Credit Society) 201/202 Anish Tower, Senapati Bapat Marg Matunga (West)- 400016 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaaam1865G Appellant .. Respondent Appellant By : Amit Bharadiya Respondent By : S. Arunkumar Date Of Hearing 29.02.2024 Date Of Pronouncement 06.03.2024 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, Dated 25.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. The Action Of The Learned Cit (A) In Disallowing The Deduction U/S 80P(2) (A) (I) Of Rs. 41,55,200 As Claimed By The Appellant Is Erroneous & Bad In Law. 2. The Action Of The Learned Cit (A) Of Assessing The Income From Interest On Fixed Deposit & Dividend Income Of Rs. 41,55,200 U/S 80 P (2) (D) Instead Of Section 80 P (2) (A) (I) Is Erroneous & Bad In Law. 3. The Action Of The Learned Cit (A) By Not Considering The Itat, Mumbai Order Already Decided In Favour Of The Appellant In A.Y.2014-15 On The Same Matter Is Erroneous & Bad In Law.

For Appellant: Amit BharadiyaFor Respondent: S. Arunkumar
Section 143(2)Section 80Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

P a g e | 1 Mahapalika Kshetra Madhyamik Shikshak Sahakari Pat Sanstha Maryadit Vs. ITO, Ward 22(2)(1) IN

Chhotelal Gangaprasad Dubey, Mumbai vs. ACIT-24(1), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 3728/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhchhotelal Gangaprasad Vs. Acit 24(1) Dubey, 1005, Blue 6Th Floor, Piramal Mountain, Shastri Nagar, Chambers, Lalgaug, Andheri West, Mumbai – 400013 Mumbai – 400 058 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaepd9496P Appellant .. Respondent Appellant By : Aditya Maheshwari Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 06.03.2024 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, Dated 30.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Action Of Income Tax Officer Of Adopting Deemed Rent Of Let Out Property At Rs.10,23,000 Without Considering The Facts That Property Was Not Lying Vacant. Due To Acute Financial Problem At The End Of Tenant, Rent Could Not Be Recovered. More Over The Tenant Has Also Not Claimed Any Expenses On Account Of Rent For The Same. That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Actions Of Income Tax Officer Without Considering Written Submissions & Details Filed By The Ar Of Assessee On 24Th November 2022.” 2. Fact In Brief Is That Return Of Income Declaring Total Income Of Rs.10,50,770/- Was Filed On 27.10.2018. The Revised Return Of Income

For Appellant: Aditya MaheshwariFor Respondent: S. Arunkumar
Section 143(2)Section 23Section 23(1)Section 23(4)Section 23(4)(C)

P a g e | 1 Chhotelal Gangaprasad Dubey Vs. ACIT-24(1) IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH

Dipti Srivastwa, Kolkata vs. ITO, Ward-34(3), Kolkata

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

ITA 1422/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Mar 2024AY 2016-17

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1422/Kol/2023 Assessment Year: 2016-17 Dipti Srivastwa Income Tax Officer, Ward – Vs 34(3), Kolkata Room No. 422, Centre Point 21, Hemanta Basu Sarani 4Th Floor Kolkata - 700017 [Pan : Biqps1509F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Miraj D. Shah, A/R Revenue By : Shri Raja Sengupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/03/2024 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 - Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/10/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Ld. Cit(A) Has Erred In Confirming The Addition Of Rs.89,10,000/-. 2. That The Appellant Had Already Stated That The Said Figure Was Erroneously Shown & Even The Facts As Admitted By The Ld. Cit(Appeal) Confirm That There Was No Such Income. 3. That The Additions Made Are Against Law & Facts. 4. That The Appellant Prays For Deleting The Additions Made.

For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Shri Raja Sengupta, Addl. CIT, Sr. D/R
Section 143(2)Section 250

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

Prahlad Dutt Lata, Kolkata vs. ITO, Ward-35(1), Kolkata

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

ITA 265/KOL/2019[2014-15]Status: DisposedITAT Kolkata05 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 265/Kol/2019 Assessment Year: 2014-15 Prahlad Dutt Lata Income Tax Officer, Ward – Vs 35(1), Kolkata Urvashi Apartment 3, Hunger Ford Street Kolkata - 700017 [Pan : Aaxpl1559J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Raja Sengupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/03/2024 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 Learned Commissioner Of Income Tax (Appeals) – 2, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 13/08/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Registry Has Pointed Out That There Is A Delay Of 86 Days In Filing Of This Appeal. There Is A Petition For Condonation Of Delay Along With An Affidavit & The Reason For The Said Delay Is Mainly On Account Of Old Age Of The Assessee & The Delay On The Part Of The Person Who Received The Envelope Sent From The Office Of The Ld. Cit(A) Which Was Required To Be Handed Over To The Assessee. On Perusal Of The Affidavit, We Are Convinced That The Assessee Was Prevented For Reasonable Cause

For Appellant: NoneFor Respondent: Shri Raja Sengupta, Addl. CIT, Sr. D/R
Section 10(1)Section 143(2)Section 144Section 154Section 234BSection 250

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