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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)

Income Tax Officer, Ward - 42(1), Murshidabad vs. Abhoy Kumar Jain, Aurangabad, Jangipur

In the result, appeal of the revenue is dismissed

ITA 2022/KOL/2025[2017-2018]Status: DisposedITAT Kolkata09 Dec 2025AY 2017-2018

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2022/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2017-2018) Ito Ward-42(1), Murshidabad Vs Abhoy Kumar Jain, 39, R.N.Tagore Road, Berhampur, Murshidabad Pan No. :Acopj 2370 E (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Dheeraj, Sr.Dr निर्धाररती की ओर से /Assessee By None सुनवाई की तारीख / Date Of Hearing : 09/12/2025 घोषणा की तारीख/Date Of Pronouncement : 09/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 01.07.2025 For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Sr. Dr That The Ld.Cit(A) Has Quashed The Assessment, Insofar As He Has Held That Notice U/S.143(2) Of The Act Was Not In Compliance With The Instruction Issued By The Cbdt In Instruction No. 1/2011 [F. No. 187/12/2010-It(A-I)], Dated 31- 1-2011. It Was The Submission That The Assessee Has Not Intimated This Defect Before The Assessing Officer In Line With The Provisions Of Section 124(3) Of The Act. It Was The Prayer That The Order Of The Ld.Cit(A) Be Reversed & That Of The Ld.Ao Be Restored. 3. We Have Considered The Rival Submissions & Perused The Order Of The Ld. Cit(A). A Perusal Of The Order Of The Ld. Cit(A) Shows That The Ld.

For Respondent: Shri Dheeraj, Sr.DR
Section 124(3)Section 143Section 143(2)

assuming jurisdiction to show and establish that such instructions have been duly complied and satisfied in letter and spirit. Since notice under 3 section 143 (2) of the Act was not in terms of the instructions of the CBDT, both the notice and the assessment framed were held