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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)

Poonam Sodhi, Gurgaon vs. ITO, Gurgaon

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7105/DEL/2025[2017-18]Status: DisposedITAT Delhi15 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7105/धिल्ली/2025 (नि.व. 2017-18) Poonam Sodhi, 5217, Dlf Phase Iv, Dlf City, Gurgaon, Haryana 122002 ...... अपीलार्थी/Appellant Pan: Bfvps-5961-R बिाम Vs. Income Tax Officer, Hsiidc Building, Vanijya Nikunj, Udhyog Vihar, Phase-V, ..... प्रनिवादी/Respondent Gurgaon, Haryana 122001 अपीलार्थी द्वारा/Appellant By : Shri Saurabh Sharma, Advocate प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Additional/Joint Commissioner Of Income Tax (Appeals)-2, Vododara [In Short ‘The Cit(A)’] Dated 04.07.2024, For Assessment Year 2017-18. 2. Shri Saurabh Sharma, Appearing On Behalf Of The Assessee Submits That The Assessee Filed Her Return Of Income For The Assessment Year Under Consideration Declaring Total Income Of Rs. 8,03,000/- Comprising Of Income From House Property & Interest Income. The Case Was Selected For Limited Scrutiny Under Cass To Examine Large Cash Deposits During Demonetization Period Vis-À-Vis The Returned Income. Statutory Notices U/S. 143(2) & 142(1) Of The Income Tax

For Appellant: Shri Saurabh Sharma, AdvocateFor Respondent: Shri Manoj Kumar, Sr. DR
Section 143(2)Section 250Section 250(6)Section 69A

आयकर अपीलीय अधिकरण धिल्ली पीठ “एस एम सी”, धिल्ली श्री धिकास अिस्थी, न्याधयक सिस्य IN THE INCOME TAX APPELLATE TRIBUNAL

Vikas Kumar Dogra, Delhi vs. Assessing Officer Ward 4(5), Gurgaon

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7102/DEL/2025[2017-18]Status: DisposedITAT Delhi15 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7102/धिल्ली/2025 (नि.व. 2017-18) Vikas Kumar Dogra, Flat No.B-702, Alaknanda Apartment, Gurgaon, Haryana 122011 ...... अपीलार्थी/Appellant Pan: Amypd-3220-D बिाम Vs. Assessing Officer, Ward -4(5), Vanijya Nikunj, Shankar Chowk Road, Phase-V, Udyog Vihar, Sector 19, Gurgaon, ..... प्रनिवादी/Respondent Haryana 122016 अपीलार्थी द्वारा/Appellant By : Shri R. K Gaur, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Additional/Joint Commissioner Of Income-Tax (Appeals), Jodhpur (Hereinafter Referred To As ‘The Cit (A)’) Dated 24.09.2025, For The Assessment Year 2017-18. 2. Shri R. K Gaur, Appearing On Behalf Of The Assessee Submits That The Solitary Addition Made By The Assessing Officer (Ao) In The Case Of The Assessee Is On Account Of Credit Card Payment Of Rs.5,36,986/- In Cash During The Period Relevant To Ay 2017-18. The Ld. Counsel Submits That The Ao Had Selected The Case Of Assessee For Limited Scrutiny To Examine The Credit Card Payment In Cash In Respect Of Citi Bank Credit Card No.4386280020862080. The Notice U/S.143(2) Of The Income Tax Act, (Hereinafter Referred To As ‘The Act’) Dated 22.09.2019

For Appellant: Shri R. K Gaur, Chartered AccountantFor Respondent: Shri Manoj Kumar, Sr. DR
Section 143(2)

आयकर अपीलीय अधिकरण धिल्ली पीठ “एस एम सी”, धिल्ली श्री धिकास अिस्थी, न्याधयक सिस्य IN THE INCOME TAX APPELLATE TRIBUNAL

Amit Ashok Chandwani, Pune vs. Income Tax Officer, Pune

In the result, appeal of the assessee is allowed

ITA 1567/PUN/2025[2013-14]Status: DisposedITAT Pune12 Dec 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1567/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Amit Ashok Chandwani, Vs. Dcit, Circle-14, Pune. Flat No.6, 4Th Floor, Padumji Villa, Nishat Talkies Lane, 10251025, New Nana Peth, Pune- 411002. Pan : Adnpc2333G Appellant Respondent Assessee By : Shri Pramot S. Shingte Revenue By Shri Deepak Kumar Kedia (Virtual) : Date Of Hearing : 14.10.2025 Date Of Pronouncement : 12.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.05.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Cit(А), Nfac Erred In Confirming The Action Of The Ao Of Not Granting Credit For Tcs Of Rs.74,14,161 By One Cromex Liquor Pvt. Ltd. (The Supplier) On The Ground Of It Being Not Reflected In Online Form 26As, Even Though The Appellant Has Paid Such Tcs To The Supplier Along With Respective Bill Payments. The Appellant Prays That The Ao Be Directed To Grant Credit For Tcs.

For Appellant: Shri Pramot S. Shingte
Section 143(2)Section 143(3)Section 205

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY

Kasturi Medical Centre Private Limited, Joka, Thakurpukur vs. Additional/Joint/Deputy/Assisstant Commissioner of Income Tax/Income-Tax Officer, Delhi

In the result the appeal of the assessee is allowed

ITA 318/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.318/Kol/2025 Assessment Year: 2018-19 Kasturi Medical Centre Pvt. Ltd……………….................................……….…Appellant 5, Diamond Harbour Road, 3A Bus Stand, Joka, Thakurpukur, W.B – 700104. [Pan: Aacck1872F] Vs. Acit, Nfac, Delhi…….…………..…………….…..….......……..…...…..…..Respondent Appearances By: Shri Indernil Banerjee, Fca, Appeared On Behalf Of The Revenue. Shri Soumitra Ghosh, Sr. Dr, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : September 16, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Of The Learned Cit(A) Passed For The Assessment Year 2018–19, Whereby The Addition Of ₹85,40,911 Made By The Assessing Officer On Estimated Basis After Rejection Of Books Of Account Under Section 145(3) Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Ay 2018–19 Declaring Total Income Of ₹2,05,59,220. The Case Was Selected For Complete Scrutiny Under The Scrutiny Assessment Scheme, 2019, Primarily On The Issue Of Large Refund Claimed Out Of Advance Tax. Accordingly, Notices Under Section 143(2) & Section 142(1) Of The Act Along With Questionnaires Were Duly Issued & Served.

Section 142(1)Section 143(2)Section 145(3)

complete scrutiny under the Scrutiny Assessment Scheme, 2019, primarily on the issue of large refund claimed out of advance tax. Accordingly, notices under section 143(2) and section 142(1) of the Act along with questionnaires were duly issued and served. I.T.A. No.318/Kol/2025 Kasturi Medical Centre Pvt. Ltd In response