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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)

Neel Ventures Private Limited, Mumbai vs. ITO, 15(2)(3), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1168/MUM/2023[2009-10]Status: DisposedITAT Mumbai28 Feb 2024AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Padmavathy S, Am आयकर अपील सं/ I.T.A. No.1168/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Neel Ventures Pvt. Ltd बिधम/ Ito-15(2)(3) B-47/187, Kalina Sunder 432, Aayakar Bhavan, Vs. Nagar Chs, Santacruz Maharashi Karve Road, (East), Mumbai-400098. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccn7025R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ashok Bansal Revenue By: Shri Ashok Kumar Ambastha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 22/02/2024 घोषणा की तारीख /Date Of Pronouncement: 28/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 10.02.2023 For The Assessment Year 2009-10. 2. The Assessee Has Challenged The Validity Of The Reopening By Ao (Jurisdiction) U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). So The Legal Issue Is Taken Up First.

For Appellant: Shri Ashok BansalFor Respondent: Shri Ashok Kumar Ambastha (Sr. DR)
Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI PADMAVATHY S, AM

Sarwar Ahuja, Hyderabad vs. Income Tax Officer, Ward-6(1), Hyderabad

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

ITA 493/HYD/2023[2018-19]Status: DisposedITAT Hyderabad27 Feb 2024AY 2018-19

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.493/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Sarwar Ahuja Vs. Income Tax Officer Hyderabad Ward-6(1) Pan:Ahkpa9724E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 27/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 2/8/2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2018-19. 2. This Appeal Was Fixed For Hearing On 21/11/2023. However, Due To Non-Appearance By Anyone On The Date Of Hearing, The Case Was Adjourned To 15.2.2024 & Notice Was Issued Through Rpad Which Was Duly Served On The Assessee & The Acknowledgment Placed On Record. However, On 15.2.2024 When The Name Of The Assessee Was Called There Was Neither Anyone Present For The Assessee Nor Any Application

For Appellant: N O N EFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(2)Section 56(2)(vii)

ITA No 493 of 2023 Sarwar Ahuja आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL

Halmira Estate Tea Pvt. Ltd, Kolkata vs. PCIT-2, Kolkata

ITA 382/KOL/2021[2015-16]Status: DisposedITAT Kolkata27 Feb 2024AY 2015-16

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 382/Kol/2021 Assessment Year: 2015-16 Halmira Estate Tea Private Limited Principal Commissioner Of 23, Pankaj Mullick Sarani Vs Income Tax (2), Kolkata Ballygunge Circular Road Kolkata - 700019 [Pan : Aaach6210N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri P.J. Bhide, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/02/2024 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 Principal Commissioner Of Income Tax – 2, Kolkata (Hereinafter The “Ld. Pr. Cit”) Dt. 10/06/2020, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That On The Facts Of The Case The Order Passed By Pcit(2) Kolkata On 10.06.2020 U/S Of The Act, Is Bad In Law. 2. That The Assessment Order Passed By The Assessing Officer On 10.11.2017 U/S. 143(3) After Due Consideration Of Documents Submitted By The Appellant Was Neither Erroneous Nor Prejudicial To The Interests Of The Revenue & Therefore The Order Appealed Against Be Cancelled.”

For Appellant: Shri P.J. Bhide, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 142(1)Section 143(2)Section 143(3)Section 263Section 80I

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