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)

Amiya Gopal Dutta, Kolkata vs. ACIT, Cir. 1(1), Jpg

In the result, the appeal of the assessee is partly allowed

ITA 147/KOL/2022[2016-17]Status: DisposedITAT Kolkata19 Jul 2022AY 2016-17

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2016-17 Amiya Gopal Dutta Acit, Circle-1(1), Jpg C/O. S.N. Ghosh & Associates, Advocates, 2, Vs. Gastin Place, 2Nd Floor, Suite No. 203, Off Hare Street, Kolkata – 700001. Pan: Adbpd 9197 P (Appellant) (Respondent) Present For: Appellant By : Shri Somnath Ghosh, Advocate Respondent By : Shri Biswanath Das, Acit Date Of Hearing : 12.07.2022 Date Of Pronouncement : 20.07.2022 O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Preferred By The Assessee For A.Y. 2016-17 Is Directed Against The Order Of Ld. Cit(A), National Faceless Appeal Centre Dated 28.10.2021 U/S 271(1)(B) Of The Income-Tax Act, 1961. The Assessee Has Taken The Following Grounds Of Appeal: “1. For That In The Facts & Circumstances Of The Instant Case, The Ld. Commissioner Of Income Tax (Appeals), Nfac Acted Unlawfully In Not Appreciating That The Conditions Precedent For Framing The Order Imposing Penalty U/S. 271(1)(B) Of The Income Tax Act. 1961 On 27-06-2019 Were Not Complied With And/Or Fulfilled For The Ld. Assistant Commissioner Of Income Tax, Circle 1(1). Jalpaiguri In The Present Context & His Purported Action On That Behalf Are Absolutely Is Ab Initio Void, Ultra Vires & Ex-Facie Null In Law. 2. For That The Ld. Commissioner Of Income Tax (Appeals), Nfac Erred In Upholding The Validity Of The Impugned Order Imposing Penalty U/S. 271(1)(B) Of The Act Framed By The Ld. Assistant Commissioner Of Income Tax, Circle 1(1), Jalpaiguri, Emanating Out Of The Order U/S. 144 Of The Income Tax Act, 1961 Passed In Absolute Contravention Of The C.B.D.T. Instruction No. 1/2011 Dated 31-01-2011

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Biswanath Das, ACIT
Section 142(2)Section 143(2)Section 144Section 271(1)(b)

M/S. Sprinklr India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bengaluru

In the result, the appeal filed by the assessee is partly allowed and the stay application filed by the assessee is dismissed

ITA 250/BANG/2022[2017-18]Status: DisposedITAT Bangalore15 Jul 2022AY 2017-18

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.250/Bang/2022 : Asst.Year 2017-2018 & Sa No.22/Bang/2022 M/S.Sprinklr India Private Limited The Deputy Commissioner Of 3Rd Floor, East Wing Building Income-Tax, Circle 6(1)(2) V. Bengaluru. No.3, Block B, Divyashree 770 Town Centre, Off Hal Airport Road, Yamlur P.O. Bengaluru – 560 037. Pan : Aaqcs9370N. (Appellant/Applicant) (Respondent) Appellant By : Sri.Tata Krishna, Advocate Respondent By : Sri.Sumeer Singh Meena, Cit-Dr Date Of Pronouncement : 15.07.2022 Date Of Hearing : 13.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 18.02.2022. The Relevant Assessment Year Is 2017-2018. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Wholly Owned Subsidiary Of Sprinklr Us. It Provides Software Development Services To Its Parent Company. For The Assessment Year 2017-2018, The Return Of Income Was Filed On 31.10.2017 Declaring Total Income Of Rs.24,99,66,540. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Issued. During The 2 It(Tp)A No.250/Bang/2022 & Sa 22/B/2022. M/S.Sprinklr India Private Limited. Course Of Assessment Proceedings, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The International Transaction Undertaken By The Assessee With Its Associated Enterprises (Aes). The Tpo Vide His Order U/S 92Ca Of The I.T.Act Dated 27.01.2021 Determined The Tp Adjustment Of Rs.12,63,71,153. The Details Of The Tp Adjustment Made By The Tpo Reads As Follows:-

For Appellant: Sri.Tata Krishna, AdvocateFor Respondent: Sri.Sumeer Singh Meena, CIT-DR
Section 143(2)Section 92C