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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)

Veena Devi, Muzaffarpur vs. Pr.CIT-1, Patna

In the result, appeal of the assessee is allowed

ITA 41/PAT/2021[2011-12]Status: DisposedITAT Patna06 Jun 2023AY 2011-12

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. No. 41/Pat/2021 Assessment Year: 2011-12 Veena Devi Pr. Cit, Patna-1 Vs Krishnapuri, Nh 28 Bhagwanpur Chowk Muzaffarpur - 842001 [Pan: Aoyps8291P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ashish Maskara, Advocate Revenue By : Smt. Rinku Singh, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 06/06/2023 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, Patna-1, (Hereinafter The “Ld. Pr. Cit”) Dt. 23/03/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. The Registry Has Pointed Out That There Is A Delay Of Eighteen (18) Days In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Order Passed U/S 263 Of The It Act By The Ld Pcit, Patna Is Wrong, Illegal, Arbitrary & Against The Fact & Circumstances Of The Case.

For Appellant: Shri Ashish Maskara, AdvocateFor Respondent: Smt. Rinku Singh, CIT, D/R
Section 143(3)Section 147Section 148Section 250Section 263

आयकर अपीलीय अिधकरण, “पटना“ "यायपीठ पटना IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA” BENCH, PATNA (Heard from Kolkata Benches through

Pragati Pallavi, Patna vs. ITO, Ward-5(4), Patna

In the result, appeal of the assessee is partly allowed

ITA 86/PAT/2021[2017-18]Status: DisposedITAT Patna05 Jun 2023AY 2017-18

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. No. 86/Pat/2021 Assessment Year: 2017-18 Pragati Pallavi Income Tax Officer, Ward-5(4), Vs Patna Flat No. 4 A/D Radha Kunj Apartment A.N. Path North S.K. Puri Patna - 800013 [Pan: Awhpp6938C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Alok Kumar, Advocate Revenue By : Shri Rupesh Agrawal, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2023 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. 31/08/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Sole Grievance Of The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Addition For Undisclosed Cash Deposit U/S 69A Of The Act At Rs. 13,50,000/- Deposited During The Demonetization Period. 3. Facts In Brief Are That The Assessee Is An Individual. Income Of Rs.8,40,280/- Declared In The Return For Assessment Year 2017-18. On The Basis Of The Reason That Cash Of Rs.18,50,000/- Has Been Deposited In The Bank Account Held By The Assessee With Kotak Mahindra Bank During Demonetization Period, Assessee’S Case Was Selected For Scrutiny Followed By Serving Of Notices U/S 143(2) & 142(1) Of The Act. During The Course Of Assessment Proceedings, It Was Submitted That The Assessee Holds A Joint Account Her Husband In Kotak Mahindra Bank A/C No.

For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. D/R
Section 143(2)Section 250Section 44ASection 69A

आयकर अपीलीय अिधकरण, “पटना“ "यायपीठ पटना IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA” BENCH, PATNA (Heard from Kolkata Benches through

M/S.the Paravur Service Co-Op Bank Ltd, Kollam vs. The ITO, Kollam

In the result, the appeal of the assessee and Stay Petition are dismissed

ITA 105/COCH/2023[2017-18]Status: DisposedITAT Cochin05 Jun 2023AY 2017-18

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 105/Coch/2023 (िनधा"रण वष" / Assessment Year: 2017-18) M/S. Paravur Service Co- बनाम/ Ito, Income Tax Operative Bank Ltd, Bank Department Vs. Building, Paravur, Post, Kollam. Thiruvananthapuram- 691301. Pan No. Aakas9699E (अपीलाथ" /Appellant) .. (""थ" / Respondent) Sp. No. 45/Coch/2023 Arising Out Of Ita. No.105/Coch/2023 (िनधा"रण वष" / Assessment Year: 2017-18) M/S. Paravur Service Co- बनाम/ Ito, Income Tax Operative Bank Ltd, Bank Department Vs. Building, Paravur, Post, Kollam. Thiruvananthapuram- 691301. Pan No. Aakas9699E "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaap1047R (अपीलाथ" /Appellant) .. (""थ" / Respondent) Assessee By: Shri Santhosh P Abraham Revenue By: Smt J. M Jamuna Devi, (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/05/2023 घोषणा की तारीख /Date Of Pronouncement: 05/06/2023 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Society Against The Order Of The Ld. Cit(A)/Nfac Dated 24.01.2023 For Ay. 2017-18. Since We Proceed With The Hearing Of Appeal On Merits, The Stay Petition Filed By Assessee Against Demand Raised Has Become In- Fructuous & So Is Dismissed.

For Appellant: Shri Santhosh P AbrahamFor Respondent: Smt J. M Jamuna Devi, (Sr. AR)
Section 143(2)Section 271BSection 274Section 44ASection 80P

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI SANJAY ARORA, AM AND SHRI ABY T. VARKEY, JM