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)

Sachin Kumar, New Delhi vs. ITO Ward - 42(5), New Delhi

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

ITA 9382/DEL/2019[2013-14]Status: DisposedITAT Delhi15 Jun 2021AY 2013-14

Bench: Shri R.K. Pandaassessment Year: 2013-14 Sachin Kumar, Vs Ito, 13-A, Vipin Garden, Ward-42(5), Fakkad Baba Road, New Delhi. Near Gauri Shankar Mandir, Uttam Nagar, New Delhi. Pan : Aqrpk7054P (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 15.06.2021 Date Of Pronouncement : 15.06.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 26Th March, 2018 Of The Cit(A)-14, New Delhi, Relating To The Assessment Year 2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th September, 2013, Declaring The Total Income Of The Assessee At Rs.3,79,980/-. The Case Was Selected For Scrutiny & Notice U/S 143(2) Of The Act Was Served On The Assessee. However, None Appeared On The Appointed Date. Thereafter, Notice U/S 142(1) Was Also Issued To The Assessee On Different Dates, But, Again There Was No Compliance. Subsequently, The Ar Of The Assessee Appeared Before The Ao & Filed A Few Details & Sought Adjournment. Thereafter, Again, There Was Continuous Non-Compliance & The Assessee Was Seeking Adjournment Under Some Pretext Or The Other. Finally, The Ao Completed The Assessment U/S 144 Of The Act Determining The Total Income Of The Assessee At Rs.31,96,480/- As Against The Returned Income Of Rs.3,79,980/-. Since Nobody Appeared Before The Cit(A) Despite Five Opportunities Granted, The Ld.Cit(A), In The Ex Parte Order Passed By Him, Confirmed The Addition Made By The Ao.

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr. DR
Section 142(1)Section 143(2)Section 144Section 69C