Section 143(2) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(2) falls under section 143 of the Income-tax Act, 1961, which corresponds to section 270 (Assessment) of the Income-tax Act, 2025.

Read section 270 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 143(2) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 13,613 judgments on BharatTax that turn on this section.

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. 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.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

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.

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

Cheminvest Ltd. v. CIT
378 ITR 33 · 2015 · High Court
1,569
citing judgments

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

Judgments on Section 143(2)

A.C.I.T., CC - 3(3), Kolkata vs. Pawanputra Advertising Private Limited, Kolkata

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are allowed

ITSSA 144/KOL/2024[2019-20]Status: DisposedITAT Kolkata26 Aug 2025AY 2019-20

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm It(Ss)A No. 144 & 145/Kol/2024 (Ays: 2019-20 & 2020-21) It(Ss)A No. 157,158,159/Kol/2024 (Ays: 2015-16, 2017-18 & 2018-19) It(Ss)A No. 1/Kol/2025 (Ays: 2016-17) Pawanputra Advertising Asst. Commissioner Of Income Private Limited 2Nd Floor, Room No.213, Diamond Tax, 110, Shantipally, Aaykar Bhavan, Poorva, Kolkata-700107 Prestige, 41A Acharya Jagdish Vs. West Bengal Chandra Bose Road, Kolkata-700017, West Bengal (Appellant) (Respondent) Pan No. Aaecp3568B Co Nos. 02 & 03/Kol/2025 (Arising In It(Ss)A No. 144 & 145/Kol/2025 For A.Ys. 2019-20 & 2020-21) Pawanputra Advertising Private Limited Asst. Commissioner Of Income 2Nd Floor, Room No.213, Diamond Tax, 110, Shantipally, Aaykar Prestige, 41A Acharya Jagdish Bhavan, Poorva, Kolkata-700107 Vs. Chandra Bose Road, West Bengal Kolkata-700017, West Bengal (Appellant) (Respondent) Assessee By : S/Shri Soumitra Choudhury& Pranabesh Sarkar & Krishna Kr. Chhaparia, Nirav Sheth, Ars Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 26.08.2025 It(Ss)A No. 144, 145, 157,158,159/Kol/2024 & 1/Kol/2025 A.Ys. 2015-16 To 2020-21; Pawanputra Advertising Private Limited O R D E R Per Rajesh Kumar, Am:

For Appellant: S/Shri Soumitra Choudhury&For Respondent: Shri Sanat Kumar Raha, DR
Section 132Section 139(5)Section 142(1)Section 143(2)Section 153ASection 68

Assistant Commissioner of Income Tax, Patna vs. Sushila Sultania, Patna

The appeal of the revenue is dismissed

ITA 475/PAT/2024[2014]Status: DisposedITAT Patna26 Aug 2025

Bench: Shri George Mathan & Shri Rajesh Kumari.T.A. No.475/Pat/2024 Assessment Year: 2014-15 Acit, Circle-4, Patna……..........................…...........................……….……Appellant Vs. Sushila Sultania, Patna……….............…..….…...……........……...…..…..Respondent 503, Venkatesh Apartment, Dakbunglow Road, Budh Marg, Patna, Bihar-800001. [Pan: Acmps5390M] Appearances By: Shri Ashwani Kumar, Jcit, Appeared On Behalf Of The Appellant. Shri Neelkhanth Kandelwal, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 14, 2025 Date Of Pronouncing The Order : August 26 , 2025 Order Per Rajesh Kumar: The Present Appeal Is Filed By The Revenue For The Assessment Year 2014-15 Against The Order Dated 21.05.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Only Issue Raised By The Revenue In This Appeal Is Against The Order Of The Ld. Cit(A) Deleting The Addition Of Rs.1,84,74,698/- & Rs.8,79,748/- As Made By The Assessing Officer U/S 68 R.W.S. 115Bbe & U/S 69C Respectively. 3. Facts In Brief Are That The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 Of The Act On 31.03.2021. The Said Notice Was Duly Complied By The Assessee By Filing Return Of Income On 22.04.2021 Declaring Total Income At Rs.19,11,200/-. The Assessing

Section 10(38)Section 142(1)Section 143(2)Section 147Section 148Section 250Section 68Section 69C