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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)

Shree Sainath Enterprises, Mumbai vs. DCIT Central Range-7(3), Mumbai

In the result, the appeal filed by the assessee is treated as partly allowed for statistical purpose

ITA 4959/MUM/2019[2013-14]Status: DisposedITAT Mumbai14 Dec 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleshree Sainath Vs. Dcit, Enterprises, (Now Central Rang – 7(3) Converted Into Shree Room No. 655, 6Th Sainath Enterprises Floor, Aayakar Constructions & Bhavan, Maharshi Developers Pvt Ltd.,) Karve Road, 412, Floor – 4, 17G Mumbai – 400020. Vardhaman Chambers Cawasji Patel, Horniman Circle, Fort Mumbai – 400001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abdfs2374M Appellant .. Respondent Appellant By : Shri Niraj Seth.Ar Respondent By : Shri S.K Jain.Dr Date Of Hearing 19.10.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 49, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal; Shree Sainath Enterprises, Mumbai. 1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding The Disallowance Of Interest Of Rs. 46,94,439/-U/Sec36(1)(Iii).

For Appellant: Shri Niraj Seth.ARFor Respondent: Shri S.K Jain.DR
Section 143(2)Section 143(3)Section 14A

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL

M/S Cyber Infosystem and Technologies P. Ltd., Mumbai vs. DCIT, Central Circle-5(3), Mumbai

In the result, appeals filed by the assessee and Revenue are allowed for statistical purposes

ITA 921/MUM/2020[2015-16]Status: DisposedITAT Mumbai12 Dec 2022AY 2015-16

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalem/S Cyber Infosystem Vs. Dcit, Cc-5(3) & Technologies Pvt R.No. 1906, 19Th Floor, Ltd,396, Kamath Air India Bldg, Industrial Estate, Veer Nariman Point, Savarkar Marg, Mumbai – 400021. Prabhadevi, Mumbai – 400025. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc2176K Appellant .. Respondent Appellant By : Mr.Priyavart Gupta.Ar Respondent By : Ms.Deepika Arora.Dr Date Of Hearing 22.11.2022 Date Of Pronouncement 28.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)(Cit(A))- 53, Mumbai Passed U/S 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: M/S Cyber Infosystem & Technologies P Ltd, Mumbai. 1) That, The Notice Issued Under Section 271(1)(C) Read With Section 274 Of The Act & The Order Passed Under Section 271(1)(C) Of The Act Are Illegal, Bad In Law & Without Jurisdiction.

For Appellant: Mr.Priyavart Gupta.ARFor Respondent: Ms.Deepika Arora.DR
Section 142(1)Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI BASKARAN BR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL