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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)

Sujeet Kumar Mishra, New Delhi vs. ITO Ward-61(3), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 7784/DEL/2019[2008-09]Status: DisposedITAT Delhi03 Nov 2021AY 2008-09

Bench: Shri R.K. Pandaassessment Year: 2008-09 Sujeet Kumar Mishra, Vs. Ito, 436 (Basement), Jangpura, Ward-61(3), Mathura Road, New Delhi. New Delhi. Pan: Aitpm2677A (Appellant) (Respondent) Assessee By : Shri Sujeet Kumar Mishra, Assessee Revenue By : Shri Om Prakash, Sr.Dr Date Of Hearing : 03.11.2021 Date Of Pronouncement : 03.11.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St May, 2019 Of The Cit(A)-38, New Delhi, Relating To Assessment Year 2008-09. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming An Addition Of Rs.10,80,000/- Made By The Ao On Account Of Cash Deposit In The Bank Account Under The Head ‘Undisclosed Sources.’ 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Derives Income From Profession & ‘Income From Other Sources.’ During The Course Of Original Assessment Proceedings, The Ao Noticed That The Assessee Has Deposited Cash Of Rs.10,80,000/- In His Savings Bank Account Maintained With Axis Bank. The Ao Called For The Source Of The Same Which The Assessee Could Not File & Sought Adjournment & Ao Completed The Assessment U/S 144 By Making An Addition Of Rs.10.80 Lac. The Ld. Cit(A) Confirmed The Addition Again Due To Non-Appearance & The Matter Reached Before Itat. The Case Was Set Aside By The Itat By Its Order No.5872/Del/2013 Dated 18Th May, 2016 & Remitted The Matter To The File Of Ao For Deciding The Issue Afresh, As Per Law, After Allowing A Reasonable Opportunity Of Being Heard To The Assessee. The Itat Set Aside The Case On The Plea Of The Assessee That The Assessment Order Was Passed U/S 144 Of The Act, Without Granting Adequate Opportunity To The Assessee To Present His Case & Same Position Prevailed In So Far As The Appellate Proceedings Are Concerned.

For Appellant: Shri Sujeet Kumar Mishra, AssesseeFor Respondent: Shri Om Prakash, Sr.DR
Section 131Section 142(1)Section 143(2)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT