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“Section 143(1)”

Section References (mined)Section 143Section 143(1)13,466 judgments

The decision most relied on for Section 143(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 143(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 143(1)

Syed Asif Ali, Lucknow vs. DCIT-1, Lucknow

In the result, the appeal of the assessee is dismissed

ITA 249/LKW/2025[2021-2022]Status: DisposedITAT Lucknow16 Oct 2025AY 2021-2022

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2021-22 Syed Asif Ali, Vs. Dcit-1, 4/19 Vikas Khand, Gomti Nagar, U.P. Lucknow Pan: Aedpa5031J (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Mazhar Akram, Cit Dr Date Of Hearing: 21.07.2025 Date Of Pronouncement: 16.10.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Addl / Jcit(A), Ahmedabad Dated 27.01.2025, Wherein The Ld. Addl / Jcit Has Dismissed The Appeals Of The Assessee Against The Orders Of The Ld. Ao Dated 22.07.2022, In Limine. The Grounds Of Appeal Are As Under: - “1. The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The "Ld. Cit(A)"] Has Erred On Facts & In Law In Dismissing The Appeal Of The Appellant Without Looking Into The Merit Of The Case. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Aggregated Additions Of Rs. 3,04,76,240/-Made By The Assessing Authority To The Returned Income Of The Assessee While Processing The Return Of Income U/S 143(1) Of The I.T. Act By Grossly Ignoring The Settled Law That The Provisions Contained U/S 143(1) Of The Act Does Not Empower The Assessing Officer To Make Any Addition Which Is In The Nature Of Debate & Discussions & Also Requires Detailed Explanations & Submissions From The Assessee. 3. The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Addition Of Rs.2,33,88,200/-Made By The Ld. A.O. On The Wrong Premise That The Amount Of The Contingent Liabilities Of Rs.2,33,88,200/- Disclosed By The Auditors At Column 21(G) Of Their Form 3Cd Were Debited To The Profit & Loss Account Of The Year Under Consideration Ignoring The Fact That It Was Just A Disclosure Of The Contingent

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Mazhar Akram, CIT DR
Section 143(1)

demand of Rs. 1,64,89,370/- was created upon the assessee during the processing under section 143(1). 3. Aggrieved with the said adjustments made during processing, the assessee filed an appeal before the ld. JCIT(A), which was transferred to JCIT(A)-1, Ahmedabad under the e-appeals

J vs. Exports, Maduraivs.DCIT, Ncc-2, Madurai

In the result, the appeal of the assessee is allowed

ITA 2059/CHNY/2025[2013-14]Status: DisposedITAT Chennai16 Oct 2025AY 2013-14

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकरअपीलसं./Ita No.:2059/Chny/2025 यनिाारणवर्ा / Assessment Year:2013-14 Jvs Export, Deputy Commissioner Of No.32, Sarojini Street, Vs. Income Tax, Chinna Chokkikulam, Non-Corporate Circle-2 Madurai, Madurai. Tamil Nadu-625 002. [Pan:Aabfj2836N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे/Appellant By : Mr.N.Arjun Raj, Advocate प्रत्यर्थीकीओरसे/Revenue By : Ms.R.Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 15.10.2025 घोर्णाकीतारीख/Date Of Pronouncement: 16.10.2025 आदेश /O R D E R Per M. Balaganesh, Am : This Appeal By The Assessee Is Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Nfac, Delhi, (In Short Ld.Cit(A) For The Assessment Year 2013-14, Vide Order Dated 21.05.2025. 2. The Preliminary Issue Raised By The Assessee Is Challenging The Validity Of Assumption Of Jurisdiction For Reopening The Assessment In The Instant Case. 3. We Have Heard The Rival Submissions & Perused The Materials Available On Record. The Assessee Is A Partnership Firm & Had Filed Its

For Appellant: Mr.N.Arjun Raj, AdvocateFor Respondent: Ms.R.Anitha, Addl.CIT
Section 143(3)Section 147Section 43(5)Section 73(1)

Delhi High Court in Commissioner of Income Tax-V vs. Orient Craft Ltd has held that reopening of assessment made under Section 143(1) of the Act is without jurisdiction, in the absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement ... belief that there was escapement of income, on going through the return of income filed by assessee after it was accepted under Section 143(1) of the Act, without scrutiny and nothing more. Therefore, this is nothing but a review of the earlier proceedings. There is no whisper