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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)

Pravin Laxmichand Chheda, Mumbai vs. ACIT 24(3), Mumbai

In the result the appeal filed by the assessee is allowed

ITA 509/MUM/2020[2014-15]Status: DisposedITAT Mumbai09 Mar 2022AY 2014-15

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadaleshri Pravin Laxmichand Vs. Acit – 24(3) Chheda Room No. 413, 4Th 302, Aavishkar Society, Floor, Piramal Sv Road, Irla Bridge Chambers, Parel Andheri (W), Mumbai – 400012 Mumbai – 400058 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpc1278P Appellant .. Respondent Appellant By : Mr.Yogesh Thar. Ar Respondent By : Mr.Naveen Kumar. Sr.Dr Date Of Hearing 16.02.2022 Date Of Pronouncement 04.03.2022 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)- 36, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1. (A) The Learned Cit (Appeals) Erred In Law & Facts In Confirming The Action Of The Learned Assessing Officer Of Assessing The Loan Taken From Sadguru Krupa Constructions Pvt. Ltd. (Herein Referred As "Company") On 05.05.2013 Of Pravin Laxmichand Chheda., Mumbai. Rs.25,00,000/- As Deemed Dividend U/S 2(22)(E) Of The Income Tax Act, 1961. (B) The Learned Cit (Appeals) Failed To Appreciate The Fact That The Company Did Not Have Accumulated Profits As On The Date On Which The Loan Was Advanced. (C) The Learned Cit (Appeals) Erred In Law By Confirming The Manner Of Computation Of Accumulated Profits Adopted By The Learned Assessing Officer. (D) The Learned Cit (Appeals) Erred In Law By Not Appreciating The Fact That The Company Had Followed The Principles Of Revenue Recognition Laid Down In Accounting Standard 9 Issued By Icai. (E) The Learned Cit (Appeals) Erred In Law In Relying On The Statement Of Mr. Dllip Porwal Without Giving Your Appellant The Opportunity To Cross-Examine Him. (F) Your Appellant Prays That The Additions Made U/S 2(22)(E) Of The Income-Tax Act, 1961 Is Against The Provisions Of Law & Against The Principals Of Natural Justice & May Please Be Deleted.

For Appellant: Mr.Yogesh Thar. ARFor Respondent: Mr.Naveen Kumar. Sr.DR
Section 143(2)Section 143(3)Section 2(22)(e)

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE

Deputy Commissioner of Income Tax, Central Circle - 4(3), Mumbai vs. M/S Lush Hotels and Entertainment Limited, Mumbai

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

ITA 2700/MUM/2019[2013-14]Status: DisposedITAT Mumbai09 Mar 2022AY 2013-14

Bench: S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 2700/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-4(3) बिधम/ M/S. Lush Hotels & Room No.1921, 19Th Floor, Entertainment Ltd. Vs. Air India Building, Nariman (M/S. Lush Hospitality Ltd.) 10, Homi Modi Street, 2Nd Point, Mumbai-400021. Floor, Above Kapal Bank, Fort, Mumbai-400023. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcl2464P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri N. R. Agrawal Revenue By: Shri Mehul Jain (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/01/2022 घोषणा की तारीख /Date Of Pronouncement: 09/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 15.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -02, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Revenue Has Raised The Following Grounds: - “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Addition Made By The Assessing Officer On Account Of Share Application Money Received From M/S. Third Eye Infrastructure Ltd. In Spite Of The Fact That It Had No Taxable Income & Filed Its Return Of Income At Rs. Nil For The Same Assessment Year. A.Y.2013-14 2. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Addition Without Appreciating The Facts That The Parties From Whom M/S. Teil Had Received Funds Were Not Having Creditworthiness Vis-A-Vis The Amount Paid To M/S. Teil By Them Respectively.

For Appellant: Shri N. R. AgrawalFor Respondent: Shri Mehul Jain (Sr. AR)
Section 143(1)Section 143(2)Section 14ASection 68

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE S. RIFAUR RAHMAN, AM AND SHRI AMARJIT SINGH, JM आयकर

ACIT, Mumbai vs. Jasmino Polymertech Pvt. Ltd., Mumbai

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

ITA 5738/MUM/2019[2010-11]Status: DisposedITAT Mumbai08 Mar 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 5738/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Acit बिधम/ Jasmino Polymertech Pvt. 5Th Floor, Room No.506, Ltd. Vs. Aayakar Bhavan, M. K. L-61, Midc Industrial Area, Taloja, Raigad, Maharashtra- Road, Mumbai-400020. 410208. & Cross Objection No.41/Mum/2021 आयकर अपील सं/ I.T.A. No. 5738/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Jasmino Polymertech Pvt. बिधम/ Acit-6(3)(1) 5Th Floor, Room No.506, Ltd. Vs. L-61, Midc Industrial Area, Aayakar Bhavan, M. K. Taloja, Raigad, Maharashtra- Road, Mumbai-400020. 410208. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacj5175G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Ujjawal Kumar Assessee By: Shri Devendra Jain सुनवाई की तारीख / Date Of Hearing: 19/01/2022 घोषणा की तारीख /Date Of Pronouncement: 08/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 21.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. C.O. No.41/Mum/2021 A.Y.2010-11 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Devendra JainFor Respondent: Shri Ujjawal Kumar
Section 133(6)Section 143(1)Section 143(2)Section 147Section 40

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND AMARJIT SINGH, AM आयकर अपील

M/S. Asia Power Projects Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result appeals filed by assessee as well as revenue stands allowed for statistical purposes

ITA 59/BANG/2017[2011-12]Status: DisposedITAT Bangalore07 Mar 2022AY 2011-12

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Asia Power Projects Pvt. The Deputy Ltd., Commissioner Of No. 6, Lakeside Residency, 4 Income Tax, Annaswamy Mudaliar Road, Circle – 11 (1), Bangalore – 560 042. Vs. Bangalore. Pan: Aadca0485B Appellant Respondent & Assessment Year : 2011-12 (By Revenue) : Shri Chavali Narayan, Ca & Assessee By Shri Keerthi Narayan, Ca : Shri Srinath Sadanala, Addl. Revenue By Cit (Dr) Date Of Hearing : 15-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By Assessee As Well As Revenue Against The Order Dated 09.09.2016 Passed By The Ld.Cit(A)-1, Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal. “The Grounds Of Appeal Listed Below Are Without Prejudice To Each Other. 1. That The Order Of The Learned Deputy Commissioner Of Income-Tax (`A0') Dated 31 January 2014 & The Order

Section 115JSection 195Section 263Section 37Section 37(1)

brought forward losses. The return was processed under section 143(1) of the act and was selected for scrutiny. Accordingly, notice under section 143(2) was served on assessee. In response to the statutory notices, the authorised representative of assessee appeared before the Ld.AO and filed details and submissions

M/S Nanobi Data and Analytics Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result the appeal filed by assessee stands partly allowed

ITA 472/BANG/2017[2013-14]Status: DisposedITAT Bangalore07 Mar 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Nanobi Data & Analytics Pvt. Ltd., The Deputy No. 1289/1090/E, Commissioner Of 18Th Cross, 3Rd Sector, Income Tax, Vs. Hsr Layout, Circle – 5(1)(1), Bangalore – 560 102. Bangalore. Pan: Aadcn8822F Appellant Respondent : Shri S.V. Ravishankar, Assessee By Advocate : Capt. Pradeep Shoury Arya, Revenue By Addl. Cit (Dr) Date Of Hearing : 21-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 11/11/2016 By The Ld.Cit(A)-5, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) In So Far It Is Against The Appellant, Is Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts Of & The Circumstances In The Appellant'S Case. 2. The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Not Giving The Appellant A Reasonable Opportunity Of Being Heard In The Impugned Matter. 3. That Notice Under Section 143(2) Having Been Served After The Expiry Of Time Limit Stipulated Under Section 143(2) Is Time Barred & Hence Bad In Law & The Order

For Respondent: Shri S.V. Ravishankar
Section 142(1)Section 143(2)Section 143(3)Section 56(1)(vii)

Appeals) is not justified in not giving the Appellant a reasonable opportunity of being heard in the impugned matter. 3. That notice under section 143(2) having been served after the expiry of time limit stipulated under section 143(2) is time barred and hence

Altran Technologies India Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru

In the result the appeal filed by assessee stands partly allowed

ITA 2904/BANG/2017[2013-14]Status: DisposedITAT Bangalore07 Mar 2022AY 2013-14

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 2904/Bang/2017 Assessment Year : 2013-14 M/S. Altran Technologies India Pvt. Ltd., C/O Ernst & Young Llp, The Deputy Ground & 1St Floor, Commissioner Of Income ‘A’ Wing, Divyasree Chambers, Tax, Vs. #11, O’ Shaughnessy Road, Circle – 1 (1)(1), Langford Gardens, Bangalore. Bangalore – 560 025. Pan: Aaaca7125R Appellant Respondent Assessee By : Shri Nageswar Rao, Advocate Revenue By : Shri Pradeep Kumar, Cit-Dr Date Of Hearing : 27-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 31/10/2017 Passed By The Ld.Dcit, Circle – 1(1)(1), Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Altran Technologies India Private Limited (The 'Appellant') Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Id. Ao') Under Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (The 'Act') Pursuant To The Directions Issued By The Hon'Ble Dispute Resolution Panel (`Drp') On The Following Grounds:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Shri Pradeep Kumar, CIT-DR
Section 133(6)Section 143(3)Section 144C

filed its return of income on 30/11/2013 declaring income of Rs.13,81,550/-.The case was selected for scrutiny and notice under section 143(2) and 142(1) was issued. In response to the statutory notices, the representatives of assessee appeared before the Ld.AO and filed requisite details as called

Dy.Commissioner of Income Tax Circle-1(1)(1), Bangalore vs. M/S Asia Power Projects Private Limited, Bangalore

In the result appeals filed by assessee as well as revenue stands allowed for statistical purposes

ITA 211/BANG/2017[2011-12]Status: DisposedITAT Bangalore07 Mar 2022AY 2011-12

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Asia Power Projects Pvt. The Deputy Ltd., Commissioner Of No. 6, Lakeside Residency, 4 Income Tax, Annaswamy Mudaliar Road, Circle – 11 (1), Bangalore – 560 042. Vs. Bangalore. Pan: Aadca0485B Appellant Respondent & Assessment Year : 2011-12 (By Revenue) : Shri Chavali Narayan, Ca & Assessee By Shri Keerthi Narayan, Ca : Shri Srinath Sadanala, Addl. Revenue By Cit (Dr) Date Of Hearing : 15-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By Assessee As Well As Revenue Against The Order Dated 09.09.2016 Passed By The Ld.Cit(A)-1, Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal. “The Grounds Of Appeal Listed Below Are Without Prejudice To Each Other. 1. That The Order Of The Learned Deputy Commissioner Of Income-Tax (`A0') Dated 31 January 2014 & The Order

Section 115JSection 195Section 263Section 37Section 37(1)

brought forward losses. The return was processed under section 143(1) of the act and was selected for scrutiny. Accordingly, notice under section 143(2) was served on assessee. In response to the statutory notices, the authorised representative of assessee appeared before the Ld.AO and filed details and submissions

DCIT 8(2)(2), Mumbai vs. M/S Sprit Infrapower & Multiventures Pvt. Ltd (Successor to M/S Premier Finance & Trading Co. Ltd.), Mumbai

In the result, the appeal filed by the revenue is dismissed in terms indicated above

ITA 3028/MUM/2019[2010-11]Status: DisposedITAT Mumbai03 Mar 2022AY 2010-11

Bench: Shri Pramod Kumar, Vp & Ms. Kavitha Rajagopal, Jm (Virtual Court Hearing) आयकरअपीलसं./ I.T.A. No. 3028/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Spirit Infrapower & Dcit-8(2)(2) R. No. 625, 6Th Floor, Multiventures Pvt. Ltd. (Successor To M/S Premier Aayakar Bhavan, M. K. Finance & Trading Co. Road, Mumbai-400 020 बिधम/ Ltd.) Vs. 18Th Floor, A-Wint, Marathon Futurex, N. M. Joshi Marg, Lower Parel, Mumbai-400 013 स्थायीलेखासं./जीआइआरसं./ Pan No. Aalcs5905J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant Shri Jay Bhansali, Ld. Ar : By प्रत्यथीकीओरसे/Respondent : Shri Hoshang B. Irani, Ld. Dr By सुनवाईकीतारीख/ : 31.01.2022 Date Of Hearing घोषणाकीतारीख / : 03.03.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: The Present Appeal Filed By The Revenue Challenges The Order Dated 04.12.2018 Passed By Ld. Commissioner Of Income

For Respondent: Shri Hoshang B. Irani, Ld
Section 143(3)Section 292BSection 3

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VP, & Ms. KAVITHA RAJAGOPAL, JM (Virtual Court