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)

Upashan Debnath, Nadia vs. ITO, Ward 41(3), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 378/KOL/2025[2015-16]Status: DisposedITAT Kolkata21 May 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.378/Kol/2025 Assessment Year: 2015-16 Upashan Debnath……..………………………………………...….……….Appellant Vill. Nagarukhra, P.S.Haringhata, Haringhata, Nadia, West Bengal – 741257. [Pan: Axfpd1830M] Vs. Ito, Ward-41(3), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Somnath Roychowdhury, Ar, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 18.03.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-12, Mumbai [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 266 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 11.01.2017 For The Assessment Year 2015- 16 By Declaring Total Income Of Rs.2,59,440/-. Subsequently, The Case Of The Assessee Was Processed U/S 143(1) Of The Act & Selected For

Section 142(1)Section 143(1)Section 143(3)Section 44A

Dulal Bhattacharjee, Kolkata vs. ACIT, Circle 28, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 369/KOL/2025[2015-2016]Status: DisposedITAT Kolkata21 May 2025AY 2015-2016

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.369/Kol/2025 Assessment Year: 2015-16 Dulal Bhattacharjee…..………………………………………...….……….Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aedpb8602E] Vs. Acit, Circle-28, Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2015-16 Is Directed Against The Order Dated 14.01.2025 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A), Bhopal [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 26.09.2015 For The Assessment Year 2015- 16 By Declaring Total Income Of Rs.15,84,310/-. Subsequently, The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass Relating To The Issue Of Income/Capital Gains On Sale Of Land Or Building, Sale Of Property Mismatch, Sundry Creditors & Sales Turnover Mismatch. Thereafter, Statutory Notices U/S 142(1) & 143(2) Of The Act Were Issued To The Assessee & The Ld. Ar Of The Assessee Duly Complied To The Notices. During The Assessment Proceedings, It Was Found That The

Section 142(1)Section 43C

Ram Kaur Singh, Kolkata vs. Ward 30(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 359/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.359/Kol/2025 Assessment Year: 2017-18 Ram Kaur Singh……..………………………………………...….……….Appellant 8, Mansarala Lane, Khiderpore, Kolkata – 700023. [Pan: Alhps2735G] Vs. Ito, Ward-30(1), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Navans Shah, Ca, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 20.03.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-2, Mumbai [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 264 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 11.01.2018 For The Assessment Year 2017- 18 By Declaring Total Income Of Rs.3,78,230/-. Subsequently, The Case Of

Section 142(1)Section 143(3)Section 69A

Link Tracom Private Limited, Kolkata vs. ITO, Ward 1(4), Kolkata

The appeal of the assessee is allowed

ITA 345/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.345/Kol/2025 Assessment Year: 2017-18 Link Tracom Pvt. Ltd...………………………………………...….……….Appellant 3 Block B Room No.5, C R Avenue 1St Floor, Kolkata- 700072. [Pan: Aabcl5404H] Vs. Ito, Ward-1(4), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Sujit Basu & Rajeev Mukherjee, Advocates, Appeared On Behalf Of The Assessee. Smt. Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 02.01.2025 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-3, Bengaluru [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Is Filed Its Return Of Income On 20.12.2017 Electronically For The Assessment Year 2017-18 By Declaring Total Income Of Rs.13,66,139/-. The Return Was Duly Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 148 Of The Act With Reasons That The Assessee Deposited Cash Amounting To Rs.5,00,000/- During The Demonetization Period Commencing From 09.11.2016 To 31.12.2016. In Compliance To The Same, The Assessee Filed Its Return Of Income Declaring Total Income Of Rs.13,66,140/-. Thereafter, Statutory Notices U/S 142(1) & 143(2) Of The Act Were Issued To The Assessee & The Assessee Complied To The

Section 115BSection 142(1)Section 143(1)Section 148Section 271ASection 69Section 69A

Compact Agencies Pvt. Ltd., Kolkata vs. DCIT/ACIT, Circle 3(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 200/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.200/Kol/2025 Assessment Year: 2017-18 Compact Agencies Pvt. Ltd……………………………………...….……….Appellant Room No.1A, 20B, West Bengal, East India House, Bbd Bag, West Bengal-700069. [Pan: Aadcc6607K] Vs. Dcit/Acit, Circle-3(1), Kolkata.….....................……........……...…..…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 19.08.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 88 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Company Filed Its Return Of Income For The Assessment Year 2017-18 By Declaring Total Income As Nil. Subsequently, The Case Of The Assessee Was Selected For

Section 142(1)Section 143(3)Section 14ASection 251(2)Section 69Section 69C