← All Phrases

“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)

Mrs. Saira Banu, Bangalore vs. Income Tax Officer, Ward-4(2)(2), Bangalore

In the result, the appeal filed by the assessee stands allowed on additional grounds raised

ITA 691/BANG/2020[2007-08]Status: DisposedITAT Bangalore16 Mar 2022AY 2007-08

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2007-08 Mrs. Saira Banu, The Deputy # N-42, 9Th “B” Main, Commissioner Of Lic Quarters, Income Tax, Jeevan Bhima Nagar, Circle – 7 [2], Bangalore – 560 075. Bangalore. Vs. Pan: Aebpb3345J Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 16-03-2022 Date Of Pronouncement : 16-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 31.08.2020 Passed By Ld. Cit(A)-9, Bangalore For Assessment Year 2007-08 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant, Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Order Of Assessment Is Bad In Law In So Far As The Issues For Which The A.O. Initiated & Completed The Assessment Proceedings On The Basis Of The Details & Information Collected By Him Were Not Put To The Appellant & Thus, The Order Of Assessment Passed Is In Gross Violation Of The Principles Of Natural Justice & Thus, The Same Deserves To Be Cancelled.

For Appellant: Shri V. Srinivasan, Advocate
Section 143Section 143(2)Section 143(3)Section 234Section 251

valid notice u/s 143(2) of the Act issued and served on the appellant within the time contemplated under the proviso to section 143[2] of the Act and hence, the assessment order passed without issue of a valid notice is bad in law and requires to be cancelled. 2 ... assessment order that a notice u/s. 143(2) of the Act was issued on 03.03.2009. Having regard to the proviso to section 143[2] of the Act, the Ld.AR submitted that the notice u/s. 143[2] ought to have been issued on or before 30.09.2008 being 6 months from