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)

Jivrajbhai Mavjibhai Pa vs. Iya, Suratvs.Income Tax Officer Ward 3(3)(1) Surat, Ayakar Bhawan, Surat

In the result, appeal of the assessee is allowed for statistical purposes

ITA 1102/SRT/2024[2017-18]Status: DisposedITAT Surat30 Jun 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1120/Srt/2024 Assessment Year: (2017-18) (Hybrid Hearing) Jivrajbhai Mavjibhai Pavsiya 204, Amizara Palace, B/H Vs. Gabani Kidney Hospital, Lal Darwaja, Surat-395006 Income Tax Officer Ward No.3(3)(2), Surat, Ayakar Bhawan, Majura Gate Nr. New Civil Hospital, Surat-395 001 स्थायीलेखासं. / जीआइआरसं./Pan/Gir No: Adwpp 2625 F (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Appellant By Shri Kamlesh Pandya, Ca राजस्व की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 08/05/2025 उ‌द्घोषणा की तारीख/Date Of Pronouncement 30/06/2025 आदेश / Order Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act') Dated 30.08.2024 By The National Faceless Appeal Centre, Delhi /Commissioner Of Income-Tax (Appeals) [In Short, 'Cit(A)'] For The Assessment Year (Ay) 2017-18, Which In Turn Arises Out Of Assessment Order Passed By Assessing Officer (In Short, 'Ao') U/S 143(3) Of The Act Dated 27.12.2019. Grounds Of Appeal Raised By The Assessee Are As Under: "1. Learned Cit(A) Erred In Making Order By Upholding Addition Made By Ito Without Considering Facts, Circumstances Of Our Case & Submission Made By Us During Appeal Proceedings Even Though Source Of Cash Deposit Already Explained, Therefore Section 69A Not Applicable In Our Case.

Section 115BSection 143(2)Section 143(3)Section 250Section 44ASection 69A

Antony Sunil, Chennai vs. ITO, Ncw-1(7), Chennai

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

ITA 815/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.815/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Antony Sunil, Vs. The Income Tax Officer, No. 59, 11Th Trust Cross Street, Non Corporate Ward 1(7), Mandavelipakkam, Chennai 600 028. Chennai 600 034. [Pan:Bxbps7987P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, F.C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 415 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri Anandd Babunath, F.C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 44ASection 50CSection 55ASection 56(2)Section 69

Dk 140 Uthangarai Pueshes Teachers & Emp. Co-Op Thrift & Credit Scoiety Ltd., Krishnagiri vs. ITO, Ward-1, Krishnagiri

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

ITA 1227/CHNY/2025[2020-21]Status: DisposedITAT Chennai30 Jun 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1227/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Dk140 Uthangarai Pueshes Teachers Vs. The Income Tax Officer & Emp. Co-Op. Thrift & Credit Ward 1, Society Limited, 140, Uthangarai, Krishnagiri. Krishnagiri-635 001. [Pan:Aagad3195A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, F.C.A. ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2020-21. 2. The Assessee Raised 6 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A)

For Appellant: Shri T.S. Lakshmi Venkataraman, F.C.AFor Respondent: Shri Vijay Kumar, JCIT
Section 253(6)Section 44ASection 80P