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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)

M/S Ben Rubbers, Ernakulam vs. Income Tax Officer, Ward -1, Aluva

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

ITA 875/COCH/2022[2009-10]Status: DisposedITAT Cochin03 Mar 2023AY 2009-10

Bench: Shri George George K. & Ms. Padmavathy S.M/S. Ben Rubbers Vs The Income Tax Officer Cheenikuzhi Ward - 1 North Mazhuvannur R.S. Road, Aluva 683101 Ernakulam Dist. 686689 Pan – Aagfb6859G (Appellant) (Respondent) Assessee By: Shri Pratheesh Paul M., Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 01.03.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 17.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2009-10. 2. There Is A Delay Of 9 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay. On Perusal Of The Petition For Condonation We Find That The Delay Cannot Be Attributed To Any Latches On The Part Of The Assessee & There Is Sufficient Cause To Condone The Delay. Therefore, We Condone The Delay & Proceed To Dispose Off This Appeal On Merits.

For Appellant: Shri Pratheesh Paul M., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(2)Section 143(3)Section 250

income was filed on 30.09.2009 declaring total income of Rs. 2,56,080/-. The assessment was selected for scrutiny and notice under Section 143(2) of the Act was issued on 01.09.2010. Assessment was completed under Section 143(3) of the Act vide order dated 23.12.2011 by assessing the total