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)

DCIT 9(2)(1), Mumbai vs. M/S B. Chopda Construction P. Ltd., Mumbai

In the result, the appeal of the appellant is Partly Allowed

ITA 1513/MUM/2020[2011-12]Status: DisposedITAT Mumbai22 Feb 2022AY 2011-12

Bench: Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1513/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Dcit-9(2)(1) बिधम/ M/S. B. Chopda Construction Room No.665A, 6Th Floor, Pvt. Ltd. Vs. Aayakar Bhavan, A-208, Sagar Tech Plaza, Churchgate, Mumbai- Sakinaka Junction, Andheri, 400020. Mumbai-400072. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb4214G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mohan Tandon Revenue By: Shri Himanshu Sharma (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 14/12/2021 घोषणा की तारीख /Date Of Pronouncement: 22/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 27.12.2019 Passed By The Commissioner Of Income Tax (Appeals) -16, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “11. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Justified In Restricting The Suppressed Profit To The Extent Of 12.50% Of Bogus Purchases, When The Assessee Could Not Produce Any Parties Or Evidence That The Said Goods Were Purchased A.Y.2012-13 & The Onus Of Proving Genuineness Of Purchases Was Not Discharged By The Assessee.

For Appellant: Shri Mohan TandonFor Respondent: Shri Himanshu Sharma (Sr. AR)
Section 133(6)Section 143(2)Section 147

Joynet Developers LLP, Mumbai vs. Pr.CIT-27, Navi Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 868/MUM/2021[2016-17]Status: DisposedITAT Mumbai21 Feb 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 868/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Joynet Developers Llp बिधम/ Pr. Cit Room No. 401, 4Th Floor, 101/B, Bellona, Pant Nagar, Vs. 90 Feet Road, Ghatkopar Tower No.6, Vashi Station East, Mumbai-400075. Complex, Vashi-400703. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamfk0186D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hemant Shah Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 17/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.03.2021 Passed By The Principal Commissioner Of Income Tax(“Pcit”)- 27, Mumbai [Hereinafter Referred To As The “(Pcit)”] In View Of The Provisions U/S 263 Of The Act. 2. The Assessee Has Raised The Following Grounds: - “The Following Grounds Are Independent Of & Without Prejudice To One Another: 1. On The Facts & Circumstances Of The Case & In Law, The Learned Principal Commissioner Of Income Tax, Mumbai-27 Has Erred In Setting Aside The Order Passed U/S 143(3) Of The Act By The Learned

For Appellant: Shri Hemant ShahFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 263

Ruttonsha International Rectifier Limited, Mumbai vs. ITO -13(3)(2), Mumbai

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

ITA 6035/MUM/2019[2014-15]Status: DisposedITAT Mumbai18 Feb 2022AY 2014-15

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 6035/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) Ruttonsha International बिधम/ Ito-13(3)(2) Room No.227, 2Nd Floor, Rectifier Ltd Vs. 139/141, B- Wing, 1St Floor, Aayakar Bhavan, M. K. Solaris Building No.1, Saki Road, Mumbai-400020. Vihar Road, Powai, Andheri (E), Mumbai-400072. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr2816E (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Homiyar Madan Revenue By: Shri Abdul Hakeem सुनवाई की तारीख / Date Of Hearing: 22/11/2021 घोषणा की तारीख /Date Of Pronouncement: 18/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 24.06.2019 Passed By The Commissioner Of Income Tax (Appeals)-21, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2014-15. 2. The Assessee Has Raised The Following Grounds: - “1. The Cit(A) Erred In Upholding The Order Of The Assessing Officer Wherein The Assessing Officer Added Back Expenditure Failing To Appreciate That Each Item Was Below The Value Or Rs.5,000/- & Was In The Nature Of Repair & Replacement Expenditure.

For Appellant: Shri Homiyar MadanFor Respondent: Shri Abdul Hakeem
Section 143(1)Section 143(2)

The ITO, Ward 8(4), Ahmedabad vs. Varij Builders Pvt. Ltd., Ahmedabad

In the result, assessee’s appeal is allowed; whereas the appeal of the Revenue is dismissed

ITA 2008/AHD/2013[2008-09]Status: DisposedITAT Ahmedabad16 Feb 2022AY 2008-09

Bench: Ms.Annapurna Gupta, Accountant Memeber & T.R. Senthil Kumarassessment Year : 2008-09 Varij Builders P.Ltd. Ito, Ward-8(4) 2, Sejal House Vs Ahmedabad. Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008. Pan : Aaccv5656Q Assessment Year : 2008-09 Ito, Ward-8(4) Varij Builders P.Ltd. Ahmedabad. Vs 2, Sejal House Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms.Nupur Shah, Ar & Shri Dhiren Shah, Ar Revenue By : Shri Rameshkumar L. Sadhu, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 09/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: These Are Cross Appeals One Filed By The Assessee In Ita No.1915/Ahd/2013 & Another Filed By The Revenue In Ita No.2008/Ahd/2013 Against Order Dated 9.5.2013 Passed By The Ld.Commissioner Of Income-Tax (Appeals)-Xiv, Ahmedabad [In Short Referred As “Ld.Cit(A)”] Relating To The Assessment Year 2008-09. Ita No.1915 & 2008/Ahd/2013 2 2. Original Grounds Of Appeal Raised By The Assessee Are As Follows: “1. The Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Addition Of Unexplained Cash Credit U/S.68 Of The Act Of Rs.92,00,000/- On Account Of Share Application Money Received In Cash.

For Appellant: Ms.Nupur Shah, AR and Shri Dhiren Shah, ARFor Respondent: Shri Rameshkumar L. Sadhu, Sr.DR
Section 143(1)(a)Section 143(2)Section 147Section 148Section 68