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)

Divya Profile Trading, Pune vs. ITO Ward 9(1), Pune

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

ITA 180/PUN/2025[2022-23]Status: DisposedITAT Pune24 Jun 2025AY 2022-23

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.180/Pun/2025 िनधा"रण वष" / Assessment Year : 2022-23 Divya Profile Trading, Vs. Ito, Ward- 9(1), Pune. Gat No.77, Joytiba Nagar, Near Bhalekar Chowk, Talawade, Pune- 412114. Pan : Aanfd0876A Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri S. Sadananda Singh Date Of Hearing : 18.06.2025 Date Of Pronouncement : 24.06.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 02.12.2024 Which Is Arising Out Of The Assessment Order U/S 143(3) Of The Act For Assessment Year 2022-23 Framed On 27.02.2024 By The Ito, Nfac, Delhi. 2. The Assessee Has Raised Following Revised Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 3,31,667/- On Account Of Disallowance Of Fees Under Gst For Late Payment. 2. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 4,11,821/- In Respect Of Income Tax Without Appreciating That No Deduction Of The Same Has Been Claimed By The Appellant. 3. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 21,52,441/- In Respect Of Remuneration Paid To Partners.

For Appellant: Smt. Deepa KhareFor Respondent: Shri S. Sadananda Singh
Section 143(2)Section 143(3)Section 37(1)Section 40Section 44A

Ankita Agarwal, Jamshedpur vs. ITO Ward 1(1), Jamshedpur

The appeal of the assessee is allowed for statistical purposes

ITA 499/RAN/2024[2016-17]Status: DisposedITAT Ranchi23 Jun 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.499/Ran/2024 Assessment Year: 2016-17 Ankita Agarwal………...................................…...........................……….……Appellant Near Kali Mandir, Harharguttu, Jamshedpur, Jharkhand-831002. [Pan: Atkpa9502A] Vs. Ito, Ward-1(1), Jamshedpur........…..….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 19, 2025 Date Of Pronouncing The Order : June 23, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 28.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 125 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & That The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notices For Hearing & The Tribunal Cannot Keep This Appeal Pending For Indefinite Time Due To Non-Representation. Therefore, In The Absence Of Any Authorised Representative Of The Assessee, We Proceed To Decide The

Section 143(2)Section 147Section 148Section 250Section 250(6)Section 69

Khurshid Alam, Bokaro vs. ITO Ward-2(7), Hazaribagh

The appeal of the assessee is allowed for statistical purposes

ITA 496/RAN/2024[2010-11]Status: DisposedITAT Ranchi23 Jun 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.496/Ran/2024 Assessment Year: 2010-11 Khurshid Alam.………...................................…...........................……….……Appellant Jhirkey, Kathara, Bokaro, Jharkhand-829116. [Pan: Ahxpa0635P] Vs. Ito, Ward-2(7), Hazaribagh........…..….…..….........……........……...…..…..Respondent Appearances By: Shri M. K. Choudhary, Advocate, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 19, 2025 Date Of Pronouncing The Order : June 23, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 540 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Derived Income From Salary. The Assessee Filed His Return Of Income For The Assessment Year 2010-11 By Declaring Total Income Of Rs.2,38,770/-. The Case Of The Assessee Was Selected For Scrutiny Through Cass Followed

Section 143(2)Section 250Section 250(6)