“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)

First Abu Dhabi Bank Pjsc, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation)-Circle 2(3)(1), Mumbai

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

ITA 3279/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Feb 2024AY 2020-21

Bench: Shri Amit Shukla & Shri Amarjit Singhfirst Abu Dhabi Bank Vs. Deputy Commissioner Of Pjsc, Unit No.1101 & Income-Tax (It), Circle 1201 Platina Building, C- 2(3)(1), Room No. 1614, 59, G Block, Bandra Kurla 16Th Floor, Air India Complex, Bandra East, Building, Nariman Point, Mumbai – 400051 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaecn2845F Appellant .. Respondent Appellant By : Madhur Agarwal Respondent By : Anil Sant Date Of Hearing 07.02.2024 Date Of Pronouncement 27.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Deputy Commissioner Of Income Tax, International Taxation, Circle 2(3)(1), Mumbai-2, Dated 20.07.2023 For A.Y. 2020-21. The Assessee Has Raised The Following Grounds Before Us: 1. Ground No. 1: The Learned Ao Has, On The Facts & Circumstances Of The Case & In Law, Erred In Initiating & Completing Assessment Proceedings Under Section 143(3) Of The Act Without Issuing A Valid Notice Under Section 143(2) Of The Act Ie, The Notice Under Section 143(2) Of The Act Dated 29 June 2021 For Initiating Assessment Was Issued By National Faceless Assessment Centre (Nafac) Instead Of Being Issued By The Learned Ao (I.E Jurisdictional Assessing Officer) 2. Ground No. 2:

For Appellant: Madhur AgarwalFor Respondent: Anil Sant

Section 143(2)Section 143(3)Section 153Section 155(18)Section 270ASection 80G

erred in initiating and completing assessment proceedings under section 143(3) of the Act without issuing a valid notice under section 143(2) of the Act ie, the notice under section 143(2) of the Act dated 29 June 2021 for initiating assessment was issued by National Faceless Assessment Centre

Srinathji Yamunaji Enterprises, Mumbai vs. Commissioner of Income Tax (Appeals), Delhi

In the result, the appeal by the assessee is allowed

ITA 2597/MUM/2023[2013-14]Status: DisposedITAT Mumbai27 Feb 2024AY 2013-14

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Bharat RaichandaniFor Respondent: Shri Manoj Kumar Singh

Section 143Section 250Section 37

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL

Urmil Sharma, New Delhi vs. Income Tax Officer Ward 67(4), Delhi

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

ITA 3210/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Feb 2024AY 2017-18

Bench: Dr. B. R. R. Kumarms. Astha Chandra

For Appellant: Sh. Baldev Raj, CA &For Respondent: Sh. Amit Katoch, Sr. DR

Section 143(2)Section 143(3)Section 271ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Ms

Ranicherra Tea Co. Ltd., Kolkata vs. ITO, Ward-4(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 609/KOL/2023[2017-18]Status: DisposedITAT Kolkata26 Feb 2024AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaassessment Year: 2017-18 Ranicherra Tea Co. Ltd. Ito, Ward-4(4), Kolkata. C/O, P. K. Himatsinghka & Co. 41, B. B. Ganguly Vs. Street, Central Plaza, 2Nd Floor, Kolkata-700012. (Pan: (Appellant) (Respondent)

For Appellant: Shri P. K. Himatsinghka, ARFor Respondent: Shri Ankur Goyal, JCIT, Sr. DR

Section 143(2)Section 147Section 148Section 148ASection 151Section 153CSection 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, JUDICIAL

DCIT, Aayakar Bhawan Poorva., Kolkata vs. M/S. Delight Suppliers Pvt. Ltd, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 285/KOL/2023[2012-13]Status: DisposedITAT Kolkata26 Feb 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.285/Kol/2023 Assessment Years: 2012-13

Section 115JSection 143(2)Section 143(3)Section 250Section 50C

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA Before Shri Sanjay Garg, Judicial Member & Dr. Manish Borad, Accountant Member

M/S Kalyani Barter Pvt. Ltd., Kolkata vs. DCIT, Cir-2(1), Kolkata

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

ITA 414/KOL/2019[2012-13]Status: DisposedITAT Kolkata26 Feb 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.414/Kol/2019 Assessment Years: 2012-13 Vs. Kalyani Barter Pvt. Ltd. Dcit, Circle-2(1), Kolkata 2, Ganesh Chandra Avenue, 2Nd Floor, Room No. 5, Kolkata-700013. (Pan: Aacck7579D) (Appellant) (Respondent) Appearances By: Shri Miraj D. Shah, Ar Appeared For Appellant. Shri S. Dutta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 20.02.2024 Date Of Pronouncing The Order : 26.02.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2012-13 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals)-1, Kolkata [In Short Ld. “Cit(A)”] Dated 22.01.2019 Arising Out Of The Assessment Order Passed U/S 143(3) Of The Act By Ld. Dcit, Circle-2(1), Kolkata. 2. Assessee Has Effectively Raised Four Grounds Of Which Two Relate To Addition U/S. 68 Of The Act On Account Of Unexplained Share Capital & Unsecured Loan, One Relates To Disallowance U/S. 14A Of The Act & Through Ground No. 4 It Has Claimed That The Order Passed By Ld. Cit(A) U/S. 250 Of The Act Is Not Correct Confirming The Arbitrary Disallowances/Additions.

Section 143(2)Section 143(3)Section 14ASection 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA Before Shri Sanjay Garg, Judicial Member & Dr. Manish Borad, Accountant Member

Kalpana Goswami, Bhopal vs. I.T.O. 1(1), Bhopal

Appeal is allowed for statistical purpose

ITA 324/IND/2023[2011-12]Status: DisposedITAT Indore26 Feb 2024AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2011-12 Smt. Kalpana Goswami, Income-Tax Officer, H.No.955, Banganga, 1(1), बनाम/ North T.T.Nagar, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Awgpg5729E Assessee By Shri Milind Sharma, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.02.2024 Date Of Pronouncement 26.02.2024

Section 143(2)Section 143(3)Section 147Section 148Section 68

आयकर अपीलीय अिधकरण, इंदौर "ायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO

Keshav Kanungo, Bhopal vs. ACIT2(1) Bhopal, Bhopal

Appeal is allowed in terms mentioned above

ITA 263/IND/2023[AY 2015-16]Status: DisposedITAT Indore26 Feb 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Keshav Kanungo, Acit, Flat No. A-603, Circle-2(1), Virasha Heights, Bhopal बनाम/ Near Danish Bridge, Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Abvpk 2942 F Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr Dr Date Of Hearing 12.02.2024 Date Of Pronouncement 26.02.2024

Section 143(2)Section 143(3)Section 234ASection 4Section 54Section 54BSection 54ESection 54F

आयकर अपीलीय अिधकरण, इंदौर "ायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO

Hemant V.Parikh, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 3(2), Mumbai

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

ITA 3422/MUM/2023[2018-19]Status: DisposedITAT Mumbai26 Feb 2024AY 2018-19

Bench: Shri Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm Hemant V. Parikh Asst. Cit, Central Circle 3(2) 703, 704, Krushal Tower, Mumbai-400 021 Above Shoppers Stop, G M Road, Vs. Chembur, Mumbai-400 089

For Appellant: NoneFor Respondent: Shri Biswanath Das

Section 250Section 32Section 41(1)Section 68Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, AM AND MS. KAVITHA RAJAGOPAL, JM Hemant

Js Capital Llc, Mumbai vs. ACIT (International Taxation) Circle 3 (1) (1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3396/MUM/2023[2020-21]Status: DisposedITAT Mumbai26 Feb 2024AY 2020-21

Bench: Shri Amit Shukla & Shri Amarjit Singhassessment Year: 2020-21 M/S. Js Capital Llc, Acit (International C/O Vasa Chauhan & Taxation) Associates, Circle-3(1)(1), Off. No.41, 3Rd Floor, Room No.1605, Vs. 16Th Floor, Hi Life Premises, P.M. Road, Air India Building, Santacruz West, Nariman Point, Mumbai – 400 054 Mumbai – 400 021 Pan: Aaecj2857M (Appellant) (Respondent) Present For: Assessee By : Ms. Hirali Desai, A.R. Shri Dhanesh Bafna, A.R. Shri Nirmal Hardik, A.R. Revenue By : Shri Anil Sant, D.R. Date Of Hearing : 07 . 02 . 2024 Date Of Pronouncement : 26 . 02 . 2024 O R D E R Per : Amarjit Singh: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Acit, International Tax, Circle- 3(1)(1), Mumbai Dated 26.07.2023 For A.Y. 2020-21. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & In The Circumstances Of The Case & In Law, The [Final Assessment] Order [Dated 26 July 2023] Passed By The Assistant Commissioner Of Income-Tax - International Tax Circle 3(1)(1) Mumbai

For Appellant: Ms. Hirali Desai, A.RFor Respondent: Shri Anil Sant, D.R

Section 111ASection 115ASection 143(2)Section 143(3)Section 144C(13)Section 153Section 234ASection 270ASection 70(2)

therefore, liable to be quashed. 3. On the facts and in the circumstances of the case and in law, the notice under section 143(2) of the Act issued by the Assistant Commissioner of Income Tax, National Faceless Assessment Centre - 1(1)(2). Delhi ['NaFAC'] is without jurisdiction and consequently ... proceedings consequent to the aforesaid notice under section 143(2) of the Act are also bad in law, void-ab-initio and liable to be quashed. 4. On the facts and in the circumstances of the case and in law, the Ld. AO erred in not allowing

Lic Mutual Fund Asset Management Limited, Opp Churchgate Station vs. CIT(A), North Block

In the result, ground No.3 of appeal is allowed

ITA 2824/MUM/2023[2013-14]Status: DisposedITAT Mumbai26 Feb 2024AY 2013-14

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.2824/मुं/2023 (िन.व. 2013-14) Lic Mutual Fund Asset Management Ltd. 4Th Floor, Industrial Assurance Building, Charchgate, Mumbai – 400 020 Pan: Aaacj-1166-H ...... अपीलाथ"/Appellant बनाम Vs. Cit(A), North Block, North Block, New Delhi 110 001. ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vijay Mehta "ितवादी "ारा/Respondent By : Shri Manoj Kumar Sinha, Sr.A.R सुनवाई की ितिथ/ Date Of Hearing : 11/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 26/02/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 22/06/2023, For The Assessment Year 2013-14. 2. The Assessee In Appeal Has Raised Three Grounds. The Gist Of Issues Raised In Appeal By The Assessee Is As Under:

For Appellant: Shri Vijay MehtaFor Respondent: Shri Manoj Kumar Sinha, Sr.A.R

Section 115JSection 139(5)Section 139(9)Section 143(2)Section 143(3)

after the assessee had filed revised return of income?” Here it would be imperative to refer to the provisions of section 143(2) of the Act. 5 Section 143(2). “ Where a return has been furnished under section 139, or in response to a notice under sub- section ... filed within the period of limitation. 10. Thus, in facts of the case discussed above and in light of the provisions of section 143(2) r.w.s. 139 of the Act, we hold the impugned assessment order is without jurisdiction in the absence of notice u/s. 143(2

Bhagwan Shree Shankeshwar Parshawanath Jain Derasar Trust, Thane vs. Addl/Jt/Dy/ACIT/ITO, Nfass.C, Delhi

In the result, the appeal of the assessee is dismissed

ITA 2057/MUM/2023[2017-18]Status: DisposedITAT Mumbai26 Feb 2024AY 2017-18

Bench: Shri Kuldip Singh & Shri Gagan Goyalbhagwan Shree Shankeshwar Parshavanath Jain Derasar Trust Ground Floor, Ratnadeep Building C.H.S. Ltd. 60 Feet Road, Bhayandar (W), Thane, Maharashtra-401 101 Pan: Aabtb1564D ...... Appellant Vs. Acit/Jcit/Dcit/Ito/Nfac Delhi ..... Respondent

For Appellant: NoneFor Respondent: Shri Ashok Kumar Ambastha, Ld. DR

Section 12ASection 143(2)Section 143(3)Section 250Section 270A

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI GAGAN GOYAL

Saru Enterprises Private Limited, Patiala vs. ACIT/DCIT, Cen. Cir., Patiala

In the result, the appeal of the assessee is allowed

ITA 271/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh23 Feb 2024AY 2018-19

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Rajiv Saldi, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. D.R

Section 115BSection 133ASection 143(2)Section 68Section 69Section 69A

duly offered to tax in the return of income. 5. Subsequently, the case of the assessee was selected for scrutiny and notice under section 143(2) and 142(1) were issued. During the course of assessment proceedings, the AO stated that during the course of survey proceedings conducted ... income was processed under section 143(1) on 17/05/2019. Thereafter, the case of the assessee was selected for scrutiny and notice under section 143(2) was issued on 24/09/2019 and various other notices were issued from time to time and only in response to the show cause issued on 21/05/2021

M/S Mittal Traders, Sangrur vs. The ACIT, Central Circle, Patiala

In the result, appeal of the Assessee is partly allowed

ITA 687/CHANDI/2022[2018-19]Status: DisposedITAT Chandigarh23 Feb 2024AY 2018-19

Bench: The Appeal Is Finally Heard Or Disposed Off.

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Dharam Vir, JCIT, SR. DR

Section 143(2)

paper etc as a wholesale / retail trader. The return of income filed by the assessee was taken up for scrutiny and notices under section 143(2) and 142(1) were issued. 3.1 During the course of assessment proceedings, the AO on perusal of the P&L Account observed that

Basuki Vyapaar Pvt.Ltd., Kolkata vs. ITO, Ward- 8(1), Kolkata

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

ITA 184/KOL/2023[2013-14]Status: DisposedITAT Kolkata23 Feb 2024AY 2013-14

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.184/Kol/2023 Assessment Year: 2013-14 Basuki Vyapaar Pvt. Ltd. ………. Appellant (Pan: Aaccb6156B) Vs. Income Tax Officer, Ward-8(1), Kolkata. …………….. Respondent Appearances By: N O N E Appeared For Appellant. Shri Jitendra Kantilal Surti, Jcit (Dr) Appeared For Respondent. Date Of Concluding The Hearing : 05.02.2024 Date Of Pronouncing The Order : 23.02.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2013-14 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax, Nfac, Delhi [In Short Ld. “Cit(A)”] Dated 09.01.2023 Arising Out Of The Assessment Order Framed U/S 143(3) Of The Act By Ito, Ward-8(1) Dated 08.03.2016. 2. When The Case Was Called Or None Appeared On Behalf Of The Assessee. In The Past Also When The Case Was Fixed For Hearing On 06.06.2023 & 23.08.2023, There Was No Compliance. We Thus

Section 143(2)Section 143(3)Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA डॉ. मनीष बोरड, लेखा सद"य एवं "ी संजय सरमा, "ाियक सद

True-Man Consultants Pvt. Ltd., Kolkata vs. ITO, Ward-7(2), Kolkata.

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

ITA 1158/KOL/2023[2012-13]Status: DisposedITAT Kolkata23 Feb 2024AY 2012-13

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 131Section 142(1)Section 143(2)Section 143(3)Section 14ASection 250Section 68

That Ld. Commissioner of Income Tax (Appeals) has erred in not appreciating the fact that Ld. AO has not issued the notice under section 143(2) during the assessment proceedings. 6. That the Appellant craves leave to alter, add or modify all or any of the ground or grounds