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)

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 929/MUM/2013[2005-06]Status: DisposedITAT Mumbai30 Sept 2016AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 928/MUM/2013[2004-05]Status: DisposedITAT Mumbai30 Sept 2016AY 2004-05

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 927/MUM/2013[2003-04]Status: DisposedITAT Mumbai30 Sept 2016AY 2003-04

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 926/MUM/2013[2002-03]Status: DisposedITAT Mumbai30 Sept 2016AY 2002-03

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C