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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)

ACIT, Central Circle-3, Patna vs. M/S Tirupati Homes Ltd, Patna

In the result, the appeals of the revenue in ITA No

ITA 71/PAT/2020[2016-17]Status: DisposedITAT Patna25 May 2023AY 2016-17

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleita Nos.70 & 71/Pat/2020 Assessment Year: 2016-17 Acit, Central Circle-3, Patna M/S. Tirupati Homes Limited Ground Floor, Arvina Vs Apartment, Nageshwar Colony, Patna – 800001. Pan: Aadct 7444 H (Appellant) (Respondent) Present For: Appellant By : Shri Alok Kumar, Advocate Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 10.05.2023 Date Of Pronouncement : 25.05.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Against Two Separate Orders Of The Ld. Cit(A) – 3, Patna Dated 18.06.2020 & 19.06.2020 Respectively For A.Y. 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: 1. That On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Erred In Deleting The Addition Of Rs. 1,35,06,630/- Made By The A.O. On Account Of Undisclosed/Misreporting Of Sale Of Flats, Accepting The Contention & Calculation Made By The Assessee In Which The Main Questionable Point Is Deduction Of Expense Of Rs.5,19,35,503/- On Account Of "Excess Provision Of Earlier Years Deducted'" To Complete The Substantially Completed Units. The Ld.Cit(A) Has Accepted This Contention Which Was Made For The First Time Before Him, Without Making Proper Verification & Verifying Corresponding Entry In The Accounts.

For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(2)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL, PATNA BENCH, PATNA BEFORE SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER AND SHRI GIRISH

ACIT, Central Circle-3, Patna vs. M/S Tirupati Homes Ltd, Patna

In the result, the appeals of the revenue in ITA No

ITA 70/PAT/2020[2016-17]Status: DisposedITAT Patna25 May 2023AY 2016-17

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleita Nos.70 & 71/Pat/2020 Assessment Year: 2016-17 Acit, Central Circle-3, Patna M/S. Tirupati Homes Limited Ground Floor, Arvina Vs Apartment, Nageshwar Colony, Patna – 800001. Pan: Aadct 7444 H (Appellant) (Respondent) Present For: Appellant By : Shri Alok Kumar, Advocate Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 10.05.2023 Date Of Pronouncement : 25.05.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Against Two Separate Orders Of The Ld. Cit(A) – 3, Patna Dated 18.06.2020 & 19.06.2020 Respectively For A.Y. 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: 1. That On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Erred In Deleting The Addition Of Rs. 1,35,06,630/- Made By The A.O. On Account Of Undisclosed/Misreporting Of Sale Of Flats, Accepting The Contention & Calculation Made By The Assessee In Which The Main Questionable Point Is Deduction Of Expense Of Rs.5,19,35,503/- On Account Of "Excess Provision Of Earlier Years Deducted'" To Complete The Substantially Completed Units. The Ld.Cit(A) Has Accepted This Contention Which Was Made For The First Time Before Him, Without Making Proper Verification & Verifying Corresponding Entry In The Accounts.

For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(2)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL, PATNA BENCH, PATNA BEFORE SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER AND SHRI GIRISH

Income Tax Office-20(1)(1), Mumbai vs. M/S Crystal Corporation, Mumbai

In the result, the appeal filed by Revenue is dismissed

ITA 823/MUM/2023[2011-12]Status: DisposedITAT Mumbai24 May 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sito-20(1)(1), M/S. Crystal 110,1St Floor, Piramal Corporation, 4A/4B, बनाम/ Chamber, Ground Floor, Opp. Vs. Lalbaug,Parel, Annex Building, Old Mumbai-400012. Anjirwadi, Mazgaon, Mumbai-400010. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfc7226Q (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri.Anil Gupta.Dr ""थ" की ओर से/Respondent By : None. सुनवाई की तारीख / Date Of Hearing 22/05/2023 घोषणा की तारीख /Date Of Pronouncement 24/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Revenue Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2011-12. The Revenue Has Raised Following Grounds Of Appeal:- 1. "Whether On The Facts & In Circumstances Of The Case & In Law, The Ld. Cit(A) Was Correct In Restricting The Addition Made On Account Of Bogus Purchase To 6% Of Total Bogus Purchases Ignoring The Fact That The Sales

For Appellant: Shri.Anil Gupta.DRFor Respondent: None
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 148Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & MS. PADMAVATHY S, ACCOUNTANT