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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)

Delite Buildwell Private Ltd, New Delhi vs. ACIT Circle-7(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes only

ITA 1749/DEL/2020[2016-17]Status: DisposedITAT Delhi29 Mar 2023AY 2016-17

Bench: Shri C.M. Garg & Shri Anadee Nath Misshraassessment Year: 2016-17 Delite Buildwell Private Ltd., Vs. Acit, 151-A, Club Road, Sainik Farms, Circle-7(1), New Delhi – 110 062. New Delhi. Pan: Aaecc7113K (Appellant) (Respondent) Assessee By : Shri V.K. Jain, Ca Revenue By : Shri Ravinder Singh Yadav, Sr. Dr Date Of Hearing : 24.02.2023 Date Of Pronouncement : 29.03.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-3, New Delhi, Dated 03.12.2019 For Assessment Year 2016-17. 2. Ground Of Appeal No.1 Of The Assessee Reads As Under:- “1(A) That On The Facts & In The Circumstances Of The Case Ld. Cit (A) Has Erred In Passing Ex-Parte Order Without Serving Notice Dt. 14.08.2019, 23.09.2019 & 05.11.2019. 1 (B) That The Ld. Cit (A) Has Failed To Place Any Evidence For Issuing Of Notice Dated 14.08.2019 For Fixing Date Of Hearing On 16.09.2019, Notice Dated 23.09.2019 For Fixing Date Of Hearing On 04.11.2015 & Notice Dated 05.11.2019 For Fixing Date Of Hearing On 02.12.2019. No Such Alleged Notices Were Received By Appellant Company At Registered Address As Mentioned In Form No. 35 Of Appeal. 1(C ) That The Ld. Cit(A) Has Totally Ignored The Fact That In Form 35 There Is A Specific Column Wherein Mentioned That “Whether Notices / Communication May Be Sent On Email”. The Appellant Company Has Stated “No”. Thus The Cit(A) Has Ignored Specific Request Of The Appellant Which Is Duly Provided As Per Provisions Of Income Tax Act / Rules In Form No. 35. 1(D) The Ld. Cit(A) Has Not Sent Any Notice On Email Duly Stated In Form No. 35 As Vasudevinfrastructure@Qamil.Com Duly Verified By The Appellant Company From The Email Records. Thus The Passing Of Exparte Order Is Bad In Law & Deserves To Be Quashed.”

For Appellant: Shri V.K. Jain, CAFor Respondent: Shri Ravinder Singh Yadav, Sr. DR
Section 143(2)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI ANADEE