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“Section 143(1)(iv)”

Section References (mined)Section 143Section 143(1)(iv)27 judgments

The decision most relied on for Section 143(1)(iv) is CIT v. Sunbeam Auto Ltd. (332 ITR 167), cited in 897 judgments on BharatTax.

Leading authorities on Section 143(1)(iv)

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
227 ITR 172 · 1997 · Supreme Court
621
citing judgments

Interest income earned on deposits, particularly before the commencement of business operations or as a requirement for business licensing, is taxable as "income from other sources" under Section 56, and cannot be treated as business income or set off against interest on borrowed funds.

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

Alembic Chemical Works Co. Ltd. v. CIT
177 ITR 377 · 1989 · Supreme Court
275
citing judgments

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

CIT v. T.V. Sundaram Iyengar & Sons Ltd.
222 ITR 344 · 1996 · Supreme Court
223
citing judgments

Unclaimed deposits received in the course of trading transactions and sundry credit balances written back are taxable as business income under Section 41(1) of the Income-tax Act, 1961, as they constitute a cessation of trading liability.

CIT v. Sohana Woollen Mills
296 ITR 238 · 2008 · High Court
180
citing judgments

A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.

CIT v. Mahindra & Mahindra Ltd.
404 ITR 1 · 2018 · Supreme Court
164
citing judgments

The waiver of a loan taken for acquiring capital assets is considered a capital receipt and is not taxable as income under Section 28(iv) of the Income Tax Act. The ruling distinguishes between the waiver of trading liabilities and capital liabilities for tax purposes.

Judgments citing Section 143(1)(iv)

NRI Academy of Sicences, Vijayawada vs. Income Tax Officer, (Exemption Circle), Vijayawada

In the result, appeal of the assessee is allowed

ITA 213/VIZ/2025[2023-24]Status: DisposedITAT Visakhapatnam10 Oct 2025AY 2023-24

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A.No.213/Viz/2025 (निर्धारणवर्ा/ Assessment Year:2023-24) Vs. Nri Academy Of Sciences Income Tax Officer – Exemption 60-3-1/44 Yk Buildings Vijayawada Bus Route No. 5 Ramachandra Nagar Vijayawada, Currency Nagar S.O. Vijayawada (Urban) Krishna – 520008, Andhra Pradesh [Pan:Aaatn4207C] करदाता का प्रतततितित्व/ Assessee Represented By : Shri C. Subrahmanyam, Ca राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 12ASection 143(1)Section 143(1)(a)Section 143(1)(iv)Section 40ASection 40A(3)

Addl./JCIT viewed the case from a narrow perspective, viewing from the angle that the assessee's case falls under section 143(1)(iv) of the Income Tax Act, and the adjustment made is automatic and requires no intervention. 4. The Ld. CIT(A) erred in not acknowledging that

Punit Deora Trust, Mumbai vs. ITO, Ward, 25(3)(1), Mumbai

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

ITA 6792/MUM/2024[2019-20]Status: DisposedITAT Mumbai19 Aug 2025AY 2019-20

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri S.L. Jain, ARFor Respondent: Shri Kiran Unavekar, (Sr.DR)
Section 143(1)Section 143(1)(a)Section 161Section 24

likewise in following paras: "6. From the above, we find that the disallowance made by the CPC was in accordance with provisions of Section 143(1)(iv). The act mandates, before making an adjustment, an intimation has to be given to the assessee of such adjustment in writing

Power Research and Development Consultants Pvt. Ltd., Bengaluru vs. Deputy Commissioner of Income Tax, Circle - 3(1)(1), Bengaluru

In the result, the additional ground is allowed

ITA 1100/BANG/2024[2020-21]Status: DisposedITAT Bangalore30 Jun 2025AY 2020-21

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2020-21

For Appellant: Shri Hemant Pai, AdvocateFor Respondent: Shri V. Parithivel, JCIT-DR
Section 143(1)Section 143(1)(a)Section 250Section 36(1)(va)Section 37

held as follows: “6. From the above, we find that the disallowance made by the CPC was in accordance with provisions of Section 143(1)(iv). The act mandates, before making an adjustment, an intimation has to be given to the assessee of such adjustment in writing or in electronic

Major Rajesh Kumar, Delhi vs. ITO, Ward-68(5), Delhi

Appeals are allowed for statistical purposes

ITA 992/DEL/2023[2018-19]Status: DisposedITAT Delhi27 Dec 2024AY 2018-19

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahmanassessment Year: 2017-18

Section 143(1)Section 154Section 43B

1 ITA nos. 109, 720, 721, 992/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SHRI

Balraj Sharma, Gurgaon vs. ACIT Circle 1(1), Gurgaon

Appeals are allowed for statistical purposes

ITA 721/DEL/2023[2019-20]Status: DisposedITAT Delhi27 Dec 2024AY 2019-20

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahmanassessment Year: 2017-18

Section 143(1)Section 154Section 43B

1 ITA nos. 109, 720, 721, 992/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SHRI

Bintu, Rewari vs. ITO, Ward-2, Rewari

Appeals are allowed for statistical purposes

ITA 109/DEL/2023[2018-19]Status: DisposedITAT Delhi27 Dec 2024AY 2018-19

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahmanassessment Year: 2017-18

Section 143(1)Section 154Section 43B

1 ITA nos. 109, 720, 721, 992/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SHRI

Rebecca Pooja Dsouza, Bengaluru vs. Income Tax Officer Ward 4(3)(3), Bengaluru

ITA 1719/BANG/2024[2018-19]Status: DisposedITAT Bangalore28 Nov 2024AY 2018-19

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Section 143(1)Section 143(1)(a)Section 143(1)(iv)Section 234ASection 250Section 36(1)(va)Section 37

facts and circumstances of the case. 8. The authorities below failed to appreciate that the processing of the return of income under section 143(1)(iv) of the Act, was prospective and no adjustment w.r.t. increase in income was permitted prior to AY 2022-23, on the facts and circumstances

DCIT Circle 1(1), New Delhi vs. Adidas India Marketing Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 648/DEL/2023[2020-21]Status: DisposedITAT Delhi24 Jul 2024AY 2020-21

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singhआ.अ.सं/.I.T.A No.648/Del/2023 िनधा"रणवष"/Assessment Year: 2020-21 बनाम Dcit Adidas India Marketing P. Ltd. Office No.6, 2Nd Floor, Circle 1(1), Vs. Room No.153A, Sector-B, Pocket No.7, C.R. Building, I.P. Estate, Plot No.11, Vasant Kunj, New Delhi. South West Delhi, New Delhi. Pan No.Aaaca5313P अपीलाथ" Appellant ""यथ"/Respondent

Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 37Section 43B

I.T.A.No.648/Del/2023 6. From the above, we find that the disallowance made by the CPC was in accordance with provisions of Section 143(1)(iv). The act mandates, before making an adjustment, an intimation has to be given to the assessee of such adjustment in writing or in electronic mode

Gangol Sahkari Dugdh Utpadak Sangh Ltd., Meerut vs. ACIT Circle 1(1), Meerut

The appeals are dismissed

ITA 3837/DEL/2023[2019-20]Status: DisposedITAT Delhi13 Jun 2024AY 2019-20

Bench: Shri G.S. Pannu, Vice- & Shri Anubhav Sharmaita Nos.3836 & 3837/Del/2023 Assessment Years: 2017-18 & 2019-20 Gangol Sahkari Dugdh Vs. Ito, Ward 1(2), Utpadak Sangh Ltd., Meerut. 282-Boundary Road, Civil Line, Meerut (Up) Pin:250001 Pan : Aaaag0147K (Appellant) (Respondent)

Section 143(1)Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 37Section 43B

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon'ble Supreme Court, the claim of deduction towards employee's contribution

Gangol Sahkari Dugdh Utpadak Sangh Ltd., Meerut vs. ITO Ward-1(2), Meerut

The appeals are dismissed

ITA 3836/DEL/2023[2017-18]Status: DisposedITAT Delhi13 Jun 2024AY 2017-18

Bench: Shri G.S. Pannu, Vice- & Shri Anubhav Sharmaita Nos.3836 & 3837/Del/2023 Assessment Years: 2017-18 & 2019-20 Gangol Sahkari Dugdh Vs. Ito, Ward 1(2), Utpadak Sangh Ltd., Meerut. 282-Boundary Road, Civil Line, Meerut (Up) Pin:250001 Pan : Aaaag0147K (Appellant) (Respondent)

Section 143(1)Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 37Section 43B

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon'ble Supreme Court, the claim of deduction towards employee's contribution

Shreeomsingh Bhagwansingh Rawat, Vadodara vs. The ADIT, CPC, Bengaluru Present Juridiction the Dy.CIT Circle-1(1)(1), Vadodara

In the result, the appeal of the assessee is dismissed

ITA 514/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2020-21

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year : 2020-21 Shreeomsingh Bhagwansingh The Dy.Cit Rawat Vs Circle-1(1)(1) 905/6, Gidc Makarpura Vadodara Vadodara 390 010 Pan: Aampr 5475 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimalsinh B.Parmar, Ar Revenue By : Ms.Saumya Pandey Jain, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 07/02/2024 घोषणा क" तार"ख /Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Ms.Suchitra Kamblethis Appeal Is Filed By The Assessee Against The Order Dated 25/04/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short] For Assessment Year 2020-21. 2. Grounds Of Appeal Are As Under:

For Appellant: Shri Parimalsinh B.Parmar, ARFor Respondent: Ms.Saumya Pandey Jain, Sr.DR
Section 143(1)Section 234BSection 36(1)(va)

Report to the effect that disallowance u/s.36(1)(va) of the Act. The CPC has made the impugned adjustment by taking recourse to section 143(1)(iv) of the Act which provides for disallowance of expenditure or Shreeomsingh Bhagwansingh Rawat vs. Dy.CIT Asst.Year 2020-21 5 increase in income indicated

Shree Stones Crusher, Jaipur vs. DCIT, Bangalore

In the result, both the appeals of the assessee are partly allowed for statistical purposes as indicated hereinabove

ITA 750/JPR/2023[2018-2019]Status: DisposedITAT Jaipur19 Jan 2024AY 2018-2019

Bench: DR. S. SEETHA LAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri S.L. Gupta, CAFor Respondent: Shri A.S. Nehra, Addl CIT-DR
Section 139Section 143Section 143(1)Section 36Section 36(1)(va)Section 43B

facts and circumstances of the case, the AO is wrong, unjust and erred the law and in making adjustment to income section 143(1(iv) on wrong facts as disallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return ... facts and circumstances of the case, the AO is wrong, unjust and erred the law and in making adjustment to income section 143(1(iv) on wrong facts as disallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return

Ansal Housing Ltd., New Delhi vs. ACIT Circle 1(1), New Delhi

In the result, appeal of the assessee is allowed for statistical purposes

ITA 438/DEL/2023[2019-20]Status: DisposedITAT Delhi10 Jan 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaansal Housing Ltd, Vs. Acit, 606, 6Th Floor, Indra Circle-1(1), Prakash, 21, Barakhamba New Delhi Road, New Delhi (Appellant) (Respondent) Pan: Aaaca0377R Assessee By : Shri Gaurav Jain, Adv Shri Sudarshan Roy, Adv Revenue By: Shri Kanv Bali, Sr Dr Date Of Hearing 31/10/2023 Date Of Pronouncement 10/01/2024

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Kanv Bali, Sr DR
Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon‟ble Supreme Court, the claim of deduction towards employee‟s contribution

Akriti Jewelcraftz (P) Ltd., Delhi vs. ACIT, Circle-1(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 190/DEL/2023[2020-21]Status: DisposedITAT Delhi14 Dec 2023AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2020-21 Akriti Jewelcraftz (P) Ltd., Vs Acit, B-7/107A, Flat No.002, Gf, Circle-1(1), Safdarjung Enclave Extension, New Delhi. New Delhi – 110 029. Pan: Aakca8307K (Appellant) (Respondent) Assessee By : Shri Ajay Singh, Ca Revenue By : Shri R.K. Meena, Sr. Dr Date Of Hearing : 07.12.2023 Date Of Pronouncement : 14.12.2023 Order Per Anubhav Sharma, Jm: This Is Appeal Preferred By The Assessee Against The Order Dated 08.12.2022 Of The National Faceless Appeal Centre (Nfac) (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘Ld. Faa’ For Short) Arising Out Of The Order Dated 23.12.2021 Passed U/S. 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Cpc, Bengaluru (Hereinafter Referred To As The Ld. Ao). 2. The Assessee Is Engaged In The Business Of Manufacturing Articles & Things Of Customized Nature From Precious & Semi-Precious Stones & Other Articles Under The Name & Style Of Akriti Jewelcraftz Private Limited. During The Year Under Consideration, The Appellant Has Filed The Return Of Income Declaring Total Income At Inr 74,28,280/-. The Said Return Of Income Filed By The Appellant Was Processed By The Asst. Director Of Income Tax, Centralized Processing Centre ("Ao") Under Section 143(1) Of The Act At An Income Of Inr 80,05,630/- By Disallowing Inr 5,77,345/- U/S 36(L)(Va) Of The Act On Account Of Delayed Payment Of Employees' Contribution To Pf & Esi. The Appellant Filed The Appeal To Hon'Ble Cit(A) Against The Order U/S 143(1) Of The Act.

For Appellant: Shri Ajay Singh, CAFor Respondent: Shri R.K. Meena, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 143(3)Section 36Section 36(1)(va)Section 37Section 43B

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon’ble Supreme Court, the claim of deduction towards employee’s contribution

P P Telecell Marketing Pvt Ltd., Delhi vs. DCIT, Circle-14(1), New Delhi

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

ITA 2849/DEL/2022[2018-19]Status: DisposedITAT Delhi11 Sept 2023AY 2018-19

Bench: Us By 374 Days. The Assessee Had Filed Condonation Petition

Section 143(1)

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon’ble Supreme Court, the claim of deduction towards employee’s contribution

Krystal Integrated Services Pvt Ltd, Mumbai vs. Income Tax Department, Mumbai

In the result, appeals filed by the assessee for A

ITA 1678/MUM/2023[2018-2019]Status: DisposedITAT Mumbai18 Aug 2023AY 2018-2019

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

Section 143Section 143(1)Section 143(1)(iv)Section 2(24)Section 36Section 431

were processed under section 143(1) by the Central Processing Unit at Bengaluru where disallowance is made under section 143(1)(iv) towards delay in remittance of employeees’ contribution towards ESI amounting to Rs.8,39,53,960/- for A.Y. 2017-18 and Rs.5

Krystal Integrated Services Pvt Ltd, Mumbai vs. Income Tax Department, Mumbai

In the result, appeals filed by the assessee for A

ITA 1677/MUM/2023[2017-2018]Status: DisposedITAT Mumbai18 Aug 2023AY 2017-2018

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

Section 143Section 143(1)Section 143(1)(iv)Section 2(24)Section 36Section 431

were processed under section 143(1) by the Central Processing Unit at Bengaluru where disallowance is made under section 143(1)(iv) towards delay in remittance of employeees’ contribution towards ESI amounting to Rs.8,39,53,960/- for A.Y. 2017-18 and Rs.5

Vaibhav Global Limited, Jaipur vs. DCIT, Central Circle-4, Jaipur

In the result, the appeal of the assessee is allowed

ITA 96/JPR/2023[2017-18]Status: DisposedITAT Jaipur14 Jul 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajeev Sogani, CA &For Respondent: Shri A.S. Nehra, Addl.CIT
Section 143(1)Section 143(1)(a)Section 154Section 36(1)(va)

disallowance but only difference in due date and actual date of payment. vi. Hence, when there is no disallowance, provisions of section 143(1)(iv) cannot be invoked. vii. It is further submitted that provisions of section 143(1)(a)(iv) can be invoked with reference to other clauses like ... held as under:- ‘’6. From the above, we find that the disallowance made by the CPC was in accordance with provisions of Section 143(1)(iv). The Act mandates, before making adjustment, an intimation has to be given to the assess of such adjustment in writing or in electronic mode

Amba Tech Engineering, Bhiwadi vs. ITO, Ward-1(2)ADIT - CPC, Alwar

In the result, all the three appeals of the assessee in ITA No

ITA 49/JPR/2023[2019-2020]Status: DisposedITAT Jaipur14 Jun 2023AY 2019-2020

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: NoneFor Respondent: Shri A.S. Nehra, Addl. CIT-DR
Section 143(1)Section 143(1)(a)Section 143(1)(iv)Section 143(3)Section 2Section 234ASection 36(1)Section 36(1)(va)Section 37(1)Section 438

आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’BENCH A” JAIPUR JhlanhixkslkbZ]U;kf;dlnL; ,oaJhjkBksMdeys

Vinod Malik, Ballabgarh vs. ITO Ward 2(5), Faridabad

In the result, appeal of the assessee is dismissed

ITA 150/DEL/2023[2020-21]Status: DisposedITAT Delhi08 Jun 2023AY 2020-21

Bench: Shri Kul Bharat & Shri M. Balaganeshvinod Malik, Vs. Ito, Opp. Jain Mandir, Main Ward-2(5), Bazar, Faridabad, Haryana Faridabad (Appellant) (Respondent) Pan: Ajfpn5466Q

For Appellant: Sh. Vijay Kumar Gupta, AdvFor Respondent: Sh. Gurpreet Shah Singh, Sr. DR
Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

this issue has been decided in favour of the assessee. We find that the said decision was rendered by applying the provisions of Section 143(1)(iv) of the Act. Pursuant to the aforesaid decision of the Hon’ble Supreme Court, the claim of deduction towards employee’s contribution