← All Phrases

“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)

Vijay Kumar, Samastipur vs. ITO, Ward 3 (3), Samastipur

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

ITA 79/PAT/2025[2017-18]Status: DisposedITAT Patna09 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.79/Pat/2025 Assessment Year: 2017-18 Vijay Kumar………..………….………………. …………………....Appellant Kishanpur Warish Nagar, Samastipur, Bihar-848101. [Pan: Aqcpk3836C] Vs. Ito, Ward-3(3), Samastipur…....……………..………………….…..... Respondent Appearances By: Shri G. P. Tulsiyan, Fca, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 29.01.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Filed His Return Of Income For The Assessment Year 2017–18 Declaring A Total Income Of ₹3,51,040. Subsequently, The Case Of The Assessee Was Selected For Scrutiny Assessment & Notice Under Section 143(2) Of The Income-Tax Act, 1961 Was Duly Issued. During The Course Of Assessment Proceedings, The Assessing Officer Noticed Cash Deposits Of ₹20,00,000 In The Assessee’S Bank Account. The Assessing Officer Provided Several

Section 143(2)Section 143(3)Section 250Section 69A

declaring a total income of ₹3,51,040. Subsequently, the case of the assessee was selected for scrutiny assessment, and notice under section 143(2) of the Income-tax Act, 1961 was duly issued. During the course of assessment proceedings, the Assessing Officer noticed cash deposits

Bhola Prasad, Gaya vs. Income Tax Officer, Gaya

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

ITA 339/PAT/2025[2017-18]Status: DisposedITAT Patna09 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.339/Pat/2025 Assessment Year: 2017-18 Bhola Prasad..………………….………………. …………………....Appellant Manpur Ptwatoli Durga Asthan, Gaya, Bihar-823001.. [Pan: Auzpp5136D] Vs. Ito, Gaya…………..………..…..……………..………………….…..... Respondent Appearances By: Shri Jitendra Kr. Sinha, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 23.05.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Manufacturing & Trading Of Textile. For The Assessment Year 2017–18, The Assessee Filed His Return Of Income Declaring Total Income Of ₹3,10,520. The Case Was Selected For Scrutiny Under Cass On Account Of High-Value Cash Deposits During The Demonetisation Period, As Reported Through Third-Party Information. Notices Under Section 143(2) Followed By Notices Under Section 142(1) Of The Income-Tax Act, 1961 Were Issued. During The Course Of Assessment Proceedings, It Was Noticed That Cash Deposits Aggregating To ₹97,64,000, Predominantly In

Section 131Section 142(1)Section 143(2)Section 250Section 44ASection 69

scrutiny under CASS on account of high-value cash deposits during the demonetisation period, as reported through third-party information. Notices under section 143(2) followed by notices under section 142(1) of the Income-tax Act, 1961 were issued. During the course of assessment proceedings, it was noticed that

Srirangarao Nadipallly, Karimnagar vs. ACIT., Circle-1, Karimnagar

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

ITA 844/HYD/2025[2016-17]Status: DisposedITAT Hyderabad09 Jan 2026AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.844/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Srirangarao Nadipally Vs. Assistant Commissioner Karimnagar Of Income Tax Pan:Acbpn3816E Circle-1, Karimnagar (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Adv. Kvssn Kumar राज" व "ारा/Revenue By: Sankar Pandi P - Sr. Dr सुनवाई की तारीख/Date Of Hearing: 05/01/2026 घोषणा की तारीख/Pronouncement: 09/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Srirangarao Nadipally (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 24.03.2025 For The A.Y 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Adv. KVSSN KumarFor Respondent: Sankar Pandi P - Sr. DR
Section 143(2)Section 143(3)

declaring a total income of Rs.69,01,760/-. The case of the assessee was selected for scrutiny under CASS and accordingly, notice under section 143(2) of the Income Tax Act, 1961 (“the Act”) was issued on 18.09.2017. During the course of assessment proceedings, the Learned Assessing Officer

Goodwill Tracon Pvt. Ltd., North Twenty Four Parganas vs. ITO, Ward 11(1), Kolkata

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

ITA 1386/KOL/2025[2012-2013]Status: DisposedITAT Kolkata09 Jan 2026AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Goodwill Tracon Pvt. Ltd.……....………………….……….……….……Appellant 24/1, Ali Haider Road, North 24 Parganas, Kol – 700119.. [Pan: Aaccg8922G] Vs. Ito, Ward -11(1), Kolkata…………………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Smt. Madhumita Das, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 15, 2025 Date Of Pronouncing The Order : January 09, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.05.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2012–13. 2. Brief Facts Of The Case Are That The Assessee Filed Its Original Return Of Income For The Assessment Year 2012-13 Declaring Total Income Of Rs.8,590/-. The Return Of The Assessee Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Were Issued & In Response To The Said Notices, The Assessee Company Filed Various Details In Support Of Unexplained Share Capital. The Assessing Officer Found From The Balance Sheet Of The Assessee That The Company Has Received Share Capital Money Goodwill Tracon Pvt. Ltd Of Rs.5,03,65,960/-. The Director Of The Assessee Company Did Not Make Compliance To The Notice Issued U/S 131 Of The Act & The Assessing Officer Assessed The Income Of The Assessee 5,03,74,550/-.

Section 131Section 143(2)Section 143(3)Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh