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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)

Amrik Singh, Delhi vs. DCIT, Circle- 19(1), New Delhi

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

ITA 3230/DEL/2018[2013-14]Status: DisposedITAT Delhi26 Oct 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2013-14 Amrik Singh, Vs Dcit, M/S Sbg & Co., Cas, Circle-19(1), 9 Atta-Ur-Rehman Lane, New Delhi. Civil Lines, New Delhi. Pan : Aaxps2407C (Appellant) (Respondent) Assessee By : Shri S.B. Gupta, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th February, 2018 Of The Cit(A)-7, New Delhi, Relating To The Assessment Year 2013- 14. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th September, 2013 Declaring The Total Income Of Rs.1,16,90,726/-. The Case Was Selected For Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Of The Act Were Issued On The Assessee Calling For Various Details/Information. However, Despite A Number Of Opportunities Granted By The Ao, There Was No Appearance From The Side Of The Assessee. Therefore, The Ao Proceeded To Complete The Assessment On The Basis Of Material Available On Record. He Noted That The Assessee Has Shown Gross Receipt Of Rs.5,28,74,884/- & Net Profit Was Shown At Rs.1,18,40,726/-. Since The Assessee Did Not File The Requisite Details, The Ao Made Addition Of Rs.1,32,62,315/- Appearing In The Balance Sheet As Unsecured Loan. Similarly, In Absence Of Details Filed For Substantiating The Various Expenses Claimed In The Profit & Loss Account, The Ao Disallowed An Amount Of Rs.11,89,992/- Being 50% Of The Interest Paid For Unsecured Loan Of Rs.23,79,844/-. Similarly, He Also Disallowed 50% Of Expenses On Account Of Other Expenses (Rs.10,71,926/-), Tour & Travel Expenses (Rs.7,70,165/-) & Depreciation (Rs.9,61,370/-) All Totaling To Rs.39,93,453/-. Thus, The Ao Determined The Total Income Of The Assessee At Rs.2,89,46,500/-.

For Appellant: Shri S.B. Gupta, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(2)Section 37(1)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP

Blooming Diagnostics & Impex Pvt. Ltd., New Delhi vs. ITO, Ward- 5(1), New Delhi

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

ITA 4531/DEL/2017[2012-13]Status: DisposedITAT Delhi26 Oct 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-13 Blooming Diagnostics & Impex Vs Ito, Pvt. Ltd., Ward-5(1), C/O R.K. Tuli & Associates, Ca, New Delhi. 11/37, Old Rajinder Nagar, New Delhi. Pan : Aaccb9882G (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 10Th March, 2017 Of The Cit(A)-2, New Delhi, Relating To The Assessment Year 2012-13. 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 The Various Additions Made By The Ao & Determining The Total Income Of The Assessee At Rs.2,24,13,520/- Against The Returned Income Of The Assessee Of Rs.5,95,800/-. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company Engaged In The Business Of Trading Of Drugs, Medicines & Pathological Items. It Filed Its Return Of Income On 6Th July, 2013 Declaring The Total Income Of Rs.5,95,810/-. The Case Was Selected For Scrutiny Under Cass & Notice U/S 143(2) Of The Act Dated 02.09.2014 Was Issued & Served Upon The Assessee Through Speed Post. A Questionnaire Dated 22Nd October, 2014 U/S 142(1) Of The Act Was Issued & Served Upon The Assessee For Compliance.

For Appellant: Shri Baldev Raj, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 131Section 142(1)Section 143(2)Section 40Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP