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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)

Navin Agrwal, Thane vs. Circle 35(2) /AO Nafc, Delhi

In the result, the appeal of the assessee is allowed

ITA 2412/MUM/2021[2016-17]Status: DisposedITAT Mumbai22 Jul 2022AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2412/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Navin Agarwal बिधम/ Circle-35(2)/Ao Nfac Villa No.18, Palava Golf Delhi-110001. Vs. Links, Kalyan Shil Road Dombivali (E), Thane- 421204. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aekpa7396F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/07/2022 घोषणा की तारीख /Date Of Pronouncement: 22/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 16.12.2021 For The Assessment Year 2016-17 Against The Penalty Confirmed U/S 271(1)(B) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Levying Penalty U/S 271(1)(B) Of The Act To The Tune Of Rs.10,000/-. 3. The Brief Facts Are That The Assessee Had Filed Return Of Income On 17.03.2017 Declaring Total Income At Rs.98,76,030/-. Later, The Case Of The Assessee Was Selected For Scrutiny Assessment Under Cass & The Ao Issued Statutory Notices U/S 143(2) & 142(1) Of The Act. According To The Ao, During The Course Of Assessment Proceedings, The Notice U/S 142(1) Of The Act Dated 29.11.2018 Was Issued & Duly

For Appellant: Shri Mahesh SabooFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 142(1)Section 143(2)Section 143(3)Section 271(1)(b)

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI GAGAN GOYAL, AM

ITO 10 (2)(4), Mumbai vs. Memphis Investment & Trading Co. Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 6239/MUM/2019[2009-10]Status: DisposedITAT Mumbai22 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit – 10(2)(4), Vs. M/S Memphis 2Nd Floor, Room No. Investment & Trading 213, Aayakar Bhavan Co. Ltd Churchgate, 146, Chinar Bldg, Mumbai-400020. Sher-E-Punjab Society, Andheri (East), Mumbai-400093. Pan/Gir No. : Aaacm6735B Appellant .. Respondent Assessee By : Shri.Salil Aggarwal, Sr.Adv & Shri.Shailesh Gupta.Ar Revenue By : Shri.T. Shankar. Cit.Dr Date Of Hearing 28.04.2022 Date Of Pronouncement 22.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed An Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-17, Mumbai Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal: Memphis Investment & Trading Co. Ltd, Mumbai. 1. 1. "On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Deciding That The Assessee Had Discharged Its Onus Ignoring The Fact That The Assessee Had Failed To Establish The Genuineness & Creditworthiness Of The Transactions." 2. "On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Not Considering The Decision Of The Hon'Ble Delhi High Court In The Case Of Mis. Navodaya Castle Pvt. Ltd. Wherein The Hon'Ble High Court Has Made Observation With Respect To Creditworthiness 3. The Appellant Prays That The Order Of The Ld.Cit(A) On The Above Ground Be Set Aside & That Of The Ao Be Restored. 4. The Appellant Craves Leave To Amend Or Alter Any Grounds Or Add A New Ground Which May Be Necessary.

For Appellant: Shri.Salil Aggarwal, Sr.AdvFor Respondent: Shri.T. Shankar. CIT.DR
Section 143(1)Section 143(2)Section 143(3)Section 144Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL