“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)

Shah Coal Private Limited, Centre Point, Santacruz West vs. Assistant Commissioner of Income Tax, Circle Fourteen (Three) (Two), Mumbai

In the result, we allow both the appeal s of the assessee and direct the ld AO to recompute disallowance as indicated above

ITA 2802/MUM/2023[2016-17]Status: DisposedITAT Mumbai13 Dec 2023AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Radheshyam Sharma, ARFor Respondent: Shri Manish Ajudiya, DR

Section 14ASection 14A(2)

income on 13th September, 2015, at ₹7,96,76,920/-. Return of income was picked up for scrutiny by issuing notice under Section 143(2) of the Income-tax Act, 1961 (the Act). The assessment proceedings culminated into an assessment order passed under Section 143

Shah Coal Private Limited, Center Point, Santacruz West vs. Assistant Commissioner of Income Tax, Circle, Fourteen (Three)(Two), Mumbai

In the result, we allow both the appeal s of the assessee and direct the ld AO to recompute disallowance as indicated above

ITA 2801/MUM/2023[17-18]Status: DisposedITAT Mumbai13 Dec 2023

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Radheshyam Sharma, ARFor Respondent: Shri Manish Ajudiya, DR

Section 14ASection 14A(2)

Mr. Shreepal Babulal Bafna, Mumbai vs. ITO Ward-23(3)(6), Mumbai

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

ITA 2755/MUM/2023[2016-17]Status: DisposedITAT Mumbai13 Dec 2023AY 2016-17

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Bleshri Shreepal Babulal Bafna V. Income Tax Officer – Ward – 23(3)(6) Room No. 606, 6Th Floor Flat No. 502, 5Th Floor Earnest House Kumar Sophronia Chs Nariman Point, Mumbai - 400021 Shri Adeshwar Bhagwan Marg Byculla (E), Mumbai - 400027 Pan: Aaepb7981K (Appellant) (Respondent) Assessee Represented By : Shri Nitesh Jain Department Represented By : Shri S.N. Kabra

Section 143(1)Section 143(2)Section 143(3)Section 36(1)(iii)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI ABY T VARKEY, HON’BLE JUDICIAL MEMBER & SHRI

The Dy. Commissioner of Income Tax, Central Circle-6(4), Mumbai vs. M/S Tapir Construction Limited, Mumbai

In the result, appeal filed by the assessee is allowed in terms indicated hereinabove

ITA 2145/MUM/2023[2018-2019]Status: DisposedITAT Mumbai13 Dec 2023AY 2018-2019

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Bledcit – Central Circle – 6(4) V. M/S. Tapir Constructions Limited Room No. 1925, 19Th Floor M-62 & 63, 1St Floor Air India Building Connaught Place Nariman Point, Mumbai - 400021 New Delhi – 110001, New Delhi Pan: Aaect9858L (Appellant) (Respondent)

Section 142(1)Section 143(1)Section 143(2)

processed u/s.143(1) of Income-tax Act, 1961 (in short “Act”). Subsequently case was selected for scrutiny through CASS and accordingly, notices under section 143(2) and 142(1) were issued and served on the assessee. In response authorised representative of the assessee attended and submitted the relevant information through

Rishi Aggarwal, Noida vs. DCIT Central Circle, Noida

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

ITA 1643/DEL/2019[2012-13]Status: DisposedITAT Delhi13 Dec 2023AY 2012-13

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 132Section 143(2)Section 153CSection 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE, SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH

Jai Shankar Srivastava, Gurgaon vs. DCIT, Central Circle- 18, New Delhi

ITA 7114/DEL/2017[2014-15]Status: DisposedITAT Delhi13 Dec 2023AY 2014-15

Bench: Sh. N. K. Billaiya & Sh. C.N. Prasadassessment Year: 2014-15 Jai Shankar Srivastava, Vs. Dcit Central Circle – 18 D-153, Pinnacle, Dlf New Delhi Phase-5, Gurgaon Haryana 122002 Pan No.Apqps0001J (Appellant) (Respondent) Appellant By None Respondent By Sh. Rohit Garg, Cit Dr Date Of Hearing: 13/12/2023 Date Of Pronouncement: 13/12/2023 Order Per N. K. Billaiya, Am:

Section 132Section 132(1)Section 132(1)(a)Section 143(2)Section 153(1)(a)Section 153ASection 2(24)(iv)Section 2(31)Section 2(45)Section 28

seized from the premises of the assessee. 8. Because CIT(A) has treated the proceedings valid even though the notice issued under section 143(2) beyond the period of six month after filing of the return based on the decision of jurisdictional High Court in the case of Ashok Chaddha

Shri Jayantilal Paghadal, at Charan Samdhiyala, New Area Plot, Taluka Jetpur, District Rajkot-365480 vs. The Income Tax Officer, Ward - 1 (2) (3), Rajkot

In the result, the appeal of the assessee is dismissed

ITA 252/RJT/2022[2016-17]Status: DisposedITAT Rajkot13 Dec 2023AY 2016-17

Bench: Ms. Suchitra Kamble (Judicial Member), Shri Waseem Ahmed (Accountant Member)

For Appellant: NoneFor Respondent: Shri Ashish Kumar Pandey, Sr. D.R

Section 10(37)Section 143(2)Section 145ASection 193Section 28Section 56Section 56(2)(viii)

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT] Before: Ms. Suchitra Kamble, Judicial Member And

The Bank of Rajasthan Employees Credit Thrift Cooperative Society Limited, Jaipur vs. ACIT Circle -1 Jaipur, Jaipur

ITA 416/JPR/2023[2013-14]Status: DisposedITAT Jaipur13 Dec 2023AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mukesh Goyal, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR

Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(i)

1 THE BANK OF RAJASTHAN EMPLOYEES CREDIT THRIFT COOPERATIVE SOCIETY LTD VS ACIT, CIR-1, JAIPUR आयकरअपीलीय अधिकरण] जयपुर न्यायपीठ

A.S.Motiwala Jewellers Private Limited, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, both the appeals are, accordingly, disposed of

ITA 2773/MUM/2023[2013-14]Status: DisposedITAT Mumbai12 Dec 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2773/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) As Motiwala Jewellers Pvt. बिधम/ Ito-12(2)(1) Ltd. Aayakar Bhavan, Vs. (Formerly Known As Ghazi Mumbai-400020. Gems & Jewellers Pvt. Ltd) 40 Rebello Road Bandra West, Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecg8165B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishit Gandhi/Ms Madhuri Tambe Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/12/2023 घोषणा की तारीख /Date Of Pronouncement: 12/12/2023 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 14.06.2023 For The Assessment Year 2013-14. 2. At The Outset, The Ld. Ar Of The Assessee, Assails The Action Of The Ld. Cit(A) Sustaining The Addition On Merits, To The Tune Of Rs.59,53,440/- U/S 69C Of The Income Tax Act, 1961 (Hereinafter “The Act”). In Other Words, Assessee Assails The Action Of Ld Cit(A) Upholding The Action Of Ao, Wherein He Disallowed The Entire Purchases Of Diamonds Made From M/S. Mohit Enterprises (Alleged Concern Of Shri Bhanwarlal Jain Group).

For Appellant: Shri Nishit Gandhi/Ms MadhuriFor Respondent: Shri Ashok Kumar Ambastha (Sr

Section 147Section 148Section 69C

bills. Based upon the information so received, the A.O. issued notice under section 148 of the Act, followed by the statutory notices under section 143(2) and 142(1) of the Act and the order of assessment under section 143(3) r/w section 147 of the Act was passed

Sanjay Basudeo Agarwal, Mumbai vs. Income Tax Officer 25(1)(1), Bandra Kurla Complex

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

ITA 2398/MUM/2023[2014-15]Status: DisposedITAT Mumbai12 Dec 2023AY 2014-15

Bench: Shri Pavan Kumar Gadalesanjay Basudeo Agarwal, Vs Ito, Ward - 25(1)(1), 1601, Kanchan Ganga, Kautilya Bhawan, J.P Road, Manishnagar, G- Block,Bkc, Andheri (W), Bandra Kurla Complex, Mumbai-400053. Mumbai-400051. Pan/Gir No. : Aabpa1748E Appellant .. Respondent

For Appellant: Shri Vimal Punmiya.ARFor Respondent: Shri.UjjawalkumarChavhanSr.DR

Section 10(38)Section 143(3)Section 234ASection 271(1)(c)Section 68Section 69

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Sanjay Basudeo Agarwal, Vs

DCIT RG 8(2), Mumbai vs. Proctor & Gamble Hygiene & Health Care Ltd, Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 2446/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Dec 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite

Section 143(2)Section 143(3)