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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)

Mr. Kishore Nandlal Chabria, Mumbai vs. The Pr. CIT-16, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 1554/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Feb 2022AY 2015-16

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1554/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Mr. Kishore Nandlal Pcit-16 Room No.437, 4Th Floor Chabria Vs. 51, 5Th Floor, Radheya Aayakar Bhavan, Building, 14Th Road, Khar Maharishi Karve Road, West, Mumbai-400052. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpc5779R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Singh Revenue By: Shri Vinay Sinha (Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2021 घोषणा की तारीख /Date Of Pronouncement: 10/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 07.07.2020 Passed By The Principal Commissioner Of Income Tax-16, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-16 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On The Facts & In The Circumstances Of The Case, The Order Passed By The Learned Principal Commissioner Of Income Tax-16, Mumbai Under Section 263 Of The Income Tax Act. 1961 Is Void Ab Initio Being Had In Law Based On Assumptions & Wrong Facts & Without Jurisdiction. 2. On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax-16, Mumbai Has Erred On Facts & In Law In Assuming Jurisdiction Under Section 263 Of The Income Tax Act, 1961 When

For Appellant: Shri Sanjay SinghFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 263Section 263(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM आयकर

M/S Toyota Kirloskar Auto Parts Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, the appeal in IT(TP)A No

ITA 1364/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 Feb 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.1714/Bang/2016 : Asst.Year 2012-2013 It(Tp)A No.1364/Bang/2017 : Asst.Year 2012-2013 M/S.Toyota Kirloskar Auto Parts The Assistant Commissioner Private Limited Of Income-Tax, Ltu, Circle-1 V. Plot No.21, Bidadi Industrial Area Bangalore. Bidadi, Ramangara District – 562 109. Pan : Aabct5590Q. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Muzaffar Hussain, Cit-Dr Date Of Pronouncement : 10.02.2022 Date Of Hearing : 09.02.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Assessing Officer. The It(T)A No.1714/Bang/2016 Arises Out Of A.O’S Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, (Order Dated 29.07.2016). The It(Tp)A No.1364/Bang/2017 Arises Out Of The A.O.’S Order Passed U/S 154 (Order Dated 31.01.2011). The A.O. After Passing The Order U/S 143(3) Of The Act, Passed Rectification Order U/S 154 Of The Act Giving Effect To The Order Passed By The Transfer Pricing Officer (Tpo) In Determining The Transfer Pricing (Tp) Adjustment From Rs.37,24,00,000, To Rs.39,13,10,000, Hence Two Appeals Are Filed By The Assessee. The Relevant Assessment Year Is 2012-2013. 2 It(Tp)A Nos.1714/B/2016 & 1364/Bang/2017 M/S.Toyota Kirloskar Auto Parts Private Limited. 2. The Grounds Raised For Both The Appeals Are Identical. The Assessee Has Also Filed Additional Ground Vide Letter Dated 27.11.2021.The Additional Grounds Are Essentially, Shades Of Grounds Raised In Form No.36. The Additional Grounds Are Legal Grounds Supported By Judicial Pronouncements & Does Not Require Examination Of New Facts Other Than On Record. Hence, The Additional Grounds Raised Are Taken On Record For Adjudication. We Shall First Adjudicate It(Tp)A No.1714/Bang/2016 Arising Out Of The Order Of The A.O. Passed U/S 143(3) R.W.S. 144C Of The I.T.Act.

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 143(2)Section 143(3)Section 154Section 234BSection 92C

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “C”, BANGALORE Before Shri George George K, JM & Ms.Padmavathy S, AM IT

M/S.Toyota Kirloskar Auto Parts Pvt. Ltd., Ramanagar vs. Assistant Commissioner of Income-Tax, Bangalore

In the result, the appeal in IT(TP)A No

ITA 1714/BANG/2016[2012-13]Status: DisposedITAT Bangalore10 Feb 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.1714/Bang/2016 : Asst.Year 2012-2013 It(Tp)A No.1364/Bang/2017 : Asst.Year 2012-2013 M/S.Toyota Kirloskar Auto Parts The Assistant Commissioner Private Limited Of Income-Tax, Ltu, Circle-1 V. Plot No.21, Bidadi Industrial Area Bangalore. Bidadi, Ramangara District – 562 109. Pan : Aabct5590Q. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Muzaffar Hussain, Cit-Dr Date Of Pronouncement : 10.02.2022 Date Of Hearing : 09.02.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Assessing Officer. The It(T)A No.1714/Bang/2016 Arises Out Of A.O’S Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, (Order Dated 29.07.2016). The It(Tp)A No.1364/Bang/2017 Arises Out Of The A.O.’S Order Passed U/S 154 (Order Dated 31.01.2011). The A.O. After Passing The Order U/S 143(3) Of The Act, Passed Rectification Order U/S 154 Of The Act Giving Effect To The Order Passed By The Transfer Pricing Officer (Tpo) In Determining The Transfer Pricing (Tp) Adjustment From Rs.37,24,00,000, To Rs.39,13,10,000, Hence Two Appeals Are Filed By The Assessee. The Relevant Assessment Year Is 2012-2013. 2 It(Tp)A Nos.1714/B/2016 & 1364/Bang/2017 M/S.Toyota Kirloskar Auto Parts Private Limited. 2. The Grounds Raised For Both The Appeals Are Identical. The Assessee Has Also Filed Additional Ground Vide Letter Dated 27.11.2021.The Additional Grounds Are Essentially, Shades Of Grounds Raised In Form No.36. The Additional Grounds Are Legal Grounds Supported By Judicial Pronouncements & Does Not Require Examination Of New Facts Other Than On Record. Hence, The Additional Grounds Raised Are Taken On Record For Adjudication. We Shall First Adjudicate It(Tp)A No.1714/Bang/2016 Arising Out Of The Order Of The A.O. Passed U/S 143(3) R.W.S. 144C Of The I.T.Act.

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 143(2)Section 143(3)Section 154Section 234BSection 92C

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “C”, BANGALORE Before Shri George George K, JM & Ms.Padmavathy S, AM IT