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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)

Bhupesh Kumar, New Delhi vs. ITO Ward 43(3), New Delhi

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

ITA 5530/DEL/2019[2016-17]Status: DisposedITAT Delhi26 Jul 2021AY 2016-17

Bench: Shri R.K. Pandaassessment Year: 2016-17 Bhupesh Kumar, Vs Ito, 380, 1St Floor, Block-B, Ward 43(3), Sector-19, Dwarka, New Delhi. New Delhi. Pan: Ahmpk6335M (Appellant) (Respondent) Assessee By : None Revenue By : Shri Vijay Kumar Kataria, Sr. Dr Date Of Hearing : 26.07.2021 Date Of Pronouncement : 26.07.2021 Order This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 7Th June, 2019 Of The Cit(A)-15, New Delhi, Relating To Assessment Year 2016-17. 2. None Appeared On Behalf Of The Assessee Despite Issue Of Notice Through Rpad. Therefore, This Appeal Is Being Decided On The Basis Of Material Available On Record & After Hearing The Ld. Dr 3. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Sustaining The Addition Of Rs.22,94,977/- Made By The Ao In The Order Passed U/S 143(3) Of The It Act, 1961. 4. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th December, 2016 Declaring The Total Income At Rs.3,45,440/-. The Case Was Selected For Scrutiny To Verify The Cash In Hand Shown In The Income-Tax Return. Notice U/S 143(2) & A Questionnaire Along With Notice U/S 142(1) Was Issued & Served On The Assessee On Different Dates. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Could Not Explain The Huge Difference Of Rs.22,94,977/- In Cash In Hand As Compared To Last Year’S Balance Sheet. Although Due Opportunity Was Granted By The Ao, However, There Was No Satisfactory Compliance From The Side Of The Assessee To His Query. The Ao Noted That The Cash In Hand As On 31.03.2015 Was Rs.17,26,593/- Whereas The Cash Balance As On 31.03.2016 Was Rs.40,21,870/-. Since The Difference Of Rs.22,94,977/- Remained Unexplained, The Ao Made Addition Of The Same To The Total Income Of The Assessee.

For Appellant: NoneFor Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 142(1)Section 143(2)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-2 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year