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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)

Benudhar Gokulanand Biswal, Mumbai vs. National E Assessmet Centre, Mumbai

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

ITA 202/MUM/2023[2018-19]Status: DisposedITAT Mumbai29 May 2023AY 2018-19

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadalebenudhar Gokulanand Vs. National E Assessment Biswal, Centre, H 302, Room.No 401,2 Nd Shanti Complex, Floor, E Ramp, Saki Vihar Road, Jawaharlal Nehru Powai, Stadium, Mumbai – 400072, New Delhi-110003. Pan/Gir No. : Adopb9106B Appellant .. Respondent Appellant By : Mr.Tanmay Phadke.Ar Respondent By : Ms.Naina K Kumar.Dr Date Of Hearing 20.04.2023 Date Of Pronouncement 29.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1.On The Facts & In The Circumstances Of The Case & As Per The Law, The National Faceless Appeal Centre/Commissioner Of Income Tax (Appeals) ["The Learned Commissioner (Appeals)]Despite Concluding That The Agreement For Sale Was Benudhar Gokulanand Biswal., Mumbai. Entered Into On 13.07.2009 (I.E. Prior To 01.04.2017), Failed To Appreciate That The Provisions Of Section 56(2)(X) Of The Act Which Was Inserted Vide Finance Act, 2017 & Made Expressly Applicable From 01.04.2017 Are Not Applicable To The Facts Under Consideration. The Addition Of Rs. 9,88,343/(50% Of Rs. 19,76,686/-) As Confirmed By The Learned Commissioner (Appeals) Under Section 56(2)(X) Of The Act Is Bad In Law & May Be Deleted.

For Appellant: Mr.Tanmay Phadke.ARFor Respondent: Ms.Naina K Kumar.DR
Section 143(1)Section 56(2)(x)

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL