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“Section 3(1)”

Section References (mined)Section 3Section 3(1)468 judgments

The decision most relied on for Section 3(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 3(1)

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

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. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

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.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Judgments citing Section 3(1)

Aamya Resources LLP, Andheri East vs. ITO, Ward 24(1)(1) Mumbai, Mumbai

In the result, the appeal filed by the assessee stands allowed

ITA 4423/MUM/2025[2016-17]Status: DisposedITAT Mumbai21 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Sandeep Gosain & Shri Om Prakash Kantvs. Ito, Ward 24(1)(1) Aamya Resources Llp Piramal Chamber, 1, Wilson House, Old Mumbai – 400012. Nagardas Road, Andheri (E), Mumbai – 400069. Pan/Gir No. Abcfa4651A (Applicant) (Respondent) Assessee By Shri Satish Aggarwal (Virtually Appear) Revenue By Shri Surendra Mohan, Sr. Dr Date Of Hearing 21.08.2025 Date Of Pronouncement 24.09.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 11.10.2019 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre / Cit(A), Mumbai For The Assessment Year 2015- 16. 2. Although, Assessee Had Raised Number Of Grounds In The Present Appeal But At The Outset Ld. Ar Pressed Ground No.4 Which Is Legal In Question & It Goes To The Roots Of The Case. Therefore, We Have Decided To Adjudicate This Ground Firstly, Ground No. 4, Which Is Reproduced Herein Below:

Section 148Section 149Section 151Section 250Section 3(1)

proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20 March 2020 and 31 March 2021; c. Section 3(1) of TOLA overrides Section 149 of the Income Tax Act only to the extent of relaxing the time limit for issuance of a reassessment

Deputy Commssioner of Income Tax (Central Circle) -3(3), Mumbai vs. Excel Entertainment Pvt. Ltd, Mumbai

In the result, appeal of the revenue is dismissed

ITA 6469/MUM/2024[2020-21]Status: DisposedITAT Mumbai06 Aug 2025AY 2020-21

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सं./Ita No.6469/Mum/2024 (निर्धारण वर्ष / Assessment Year: 2020-21) Deputy Commissioner V/S. Excel Entertainment Pvt Of Income Tax बनाम Ltd. (Central Circle)-3(3) 404, Kautilya Bhawan, Bkc, Mumbai 400051 Shubham 701, Orchid Pride, Convent Avenue Road, Santacruz (W), Mumbai 40054 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace5273A Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से / Assessee By: Shri Nitesh Joshi A/W Shri Anurag Tulsian & Shri Vipul Mody राजस्व की ओर से / Revenue By: Shri Hemanshu Joshi, Sr Dr सुनवाई की तारीख / Date Of Hearing 08.07.2025 घोषणा की तारीख/Date Of Pronouncement 06.08.2025 आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax, (Appeal) 51, Mumbai [Cit(A)] Dated 15.10.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2020-21. 2. The Revenue Has Raised The Following Grounds In This Appeal. "1. "On The Facts & In The Circumstances Of The Case, The Ld Citia) Is Not Justified In Holding That Assessee Is Eligible To Claim Concessional Rate Of Tax U/S.115Baa Of The Page 2

For Appellant: Shri Nitesh Joshi a/w Shri Anurag Tulsian & Shri Vipul ModyFor Respondent: Shri Hemanshu Joshi, SR DR
Section 115Section 115BSection 139Section 139(1)Section 143(3)Section 250

covid pandemic, when different treatment was accorded to "furnishing of return under section 139 (see clase i of third proviso to section 3(1) of TOLA] and "filing of any appeal, reply, application or furnishing of any report document, return or statement or such other record, by whatever name called ... under the provisions of the specified Act (vee section 3(1)(8) read with section Page 4 ITA No. 6469/Mum/2024 AY 2020-21 Excel Entertainment pvt ltd. 2013(5)(0) of TOLA), Section 2(1)(5)(4) provides that the Income-tax Act, 1961 is one of the "specified Acts