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)

Dinesh Kumar Dixit, Raipur vs. Income Tax Officer, Ward-3(4), Raipur

In the result, the appeal of the assessee is partly allowed in terms of our observations herein above

ITA 167/RPR/2023[2017-18]Status: DisposedITAT Raipur23 Aug 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.167/Rpr/2023 निर्धारण वर्ष /Assessment Year: 2017-18 Dinesh Kumar Dixit Vs Income Tax Officer 1, Dixit Bhawan, K.K. Road Ward-3(4) Moudhapara, Raipur-492 001 (Cg) Raipur (C.G.) Pan: Actpd 0023H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धारितीती की ओर से /Assessee By : Shri Prafulla Pendse, Ca राजस्व की ओर से /Revenue By : Shri Satya Prakash Sharma, Sr-Dr सुनवाई ाई की तारीख / Date Of Hearing : 22/08/2023 घोषणाणा की तारीख/Date Of Pronouncement : 23/08/2023 आदेश / O R D E R Per Arun Khodpia, Am : This Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 20.03.2023, Arose On The Issues Raised Against The Order Of Assessing Officer Framed U/S 144 Of The Income Tax Act Dated 27.11.2019. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. That The Order Is Bad In Law As Well As On Facts As The Ld. Cit(A) Has Grossly Erred In Confirming The Action Of Ld. Ao In Making Addition Of Rs.96,43,971/- Under The Income Tax Act, 1961Contrary To The Provisions Of Income Tax Act. 2. The Learned Cit(A) Erred In Sustaining Addition Of Rs.70,31,100/- In Respect Of Alleged Cash Deposits In Bank Account During The Period Of Demonetization, When The Same Is Same At Variance With The Actual Figures Recorded In The Books Of Accounts.

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Shri Satya Prakash Sharma, SR-DR
Section 115BSection 133(6)Section 142(1)Section 143(2)Section 144Section 272A(1)(d)Section 44ASection 68

M/S. Maa Tarani Logistics Ltd, Joda vs. ACIT Cir.-1(1), Cuttack

In the result, appeal of the assessee stands allowed

ITA 140/CTK/2023[2012-13]Status: HeardITAT Cuttack21 Aug 2023AY 2012-13

Bench: Before S/Shri George Mathan, Judicial & And Rajesh Kumarassessment Year : 2012-13 M/S Maa Tarani Logistics M/S Maa Tarani Logistics Vs. Acit, Circle Acit, Circle-1(1), Ltd., Ltd., Unchabali, Unchabali, Po: Po: Cuttack Bamabri, Bamabri, Via Via- Joda, Keonjhar Pan/Gir No. Pan/Gir No.Aaecm 7549 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri Soumitra Choudhury & Jaydeep Soumitra Choudhury & Jaydeep Chakraborty, Advocates Revenue By : Shri M.K.Gautam, Pr. Cit (Osd) Pr. Cit (Osd) Date Of Hearing : 21/08 8/2023 Date Of Pronouncement : 21/0 /08/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), , Nfac, Nfac, Delhi, Dated 27.3.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1051397448(1) For The Assessment Year For The Assessment Year 2012-13. 2. S/Shri Shri Soumitra Choudhury & Jaydeep Chakraborty, Advocates Soumitra Choudhury & Jaydeep Chakraborty, Advocates Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Reve Appeared For The Revenue.

For Appellant: S/Shri Soumitra Choudhury & JaydeepFor Respondent: Shri M.K.Gautam, Pr. CIT (OSD)
Section 127Section 127(2)Section 143(2)Section 143(3)Section 144Section 1aSection 234Section 68