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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)

Quality Enabled Remote Solutions (P) Ltd., New Delhi vs. ITO, Ward-20(3), New Delhi

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

ITA 4107/DEL/2018[2009-10]Status: DisposedITAT Delhi17 Sept 2025AY 2009-10

Bench: Shris.Rifaur Rahman & Shri Sudhir Pareekquality Enabled Remote Solutions (P) Ltd., Vs. Ito, Ward 20 (3), Ugf – 61A, World Trade Centre, New Delhi. Babur Road, Connaught Place, New Delhi – 110 001. (Pan :Aaacq0881A) (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate Shri Harshit Chauhan, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 09.07.2025 Date Of Order : 17.09.2025 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-25, New Delhi [“Ld. Cit(A)”, For Short] Dated 16.08.2017 For The Assessment Year 2009-10 Raising Following Grounds Of Appeal :- “1. The Order Passed By Id. Cit(A) Is Wrong Both On Facts & In Law.

For Appellant: Shri S. Krishnan, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 147Section 148Section 234A

under :- “7 Thus, we are of the view that even in cases where the return of income has been accepted by processing under Section 143(1) of the Act, reopening of an assessment can only be done when the Assessing Officer has reason to believe that income chargeable ... escaped assessment. The mere fact that the return has been processed under Section 143(1) of the Act, 9 does not give the Assessing Officer a carte blanche to issue a reopening notice. The condition precedent of reason to believe that income chargeable to tax has escaped assessment on correct

Orbit Aviation Private Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Cir-1(1), Chandigarh

The appeal stand partly allowed for statistical purposes

ITA 341/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh16 Sept 2025AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.341/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Orbit Aviation Private Limited Dcit-Circle-1(1) बनाम/ 1St Floor Metro Plaza, Sco 54-55 Aaykar Bhawan Vs. Sector 9-D, Chandigarh Cr Building, Chandigarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-9386-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Aditya Kumar (Ca) A/W Shri Ashwani Kumar (Ca) – Ld. Ars ""थ"कीओरसे/Respondent By : Sh. Anil Kumar Sharma (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-09-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2022-23 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 10-01-2025 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 07-08-2023 Making Disallowance U/S 43B For Rs.1,07,54,593/- On Account Of Gst Payable At Year-End But Remaining Unpaid By Due Date Of Furnishing Of Return Of Income U/S 139(1). Having

For Appellant: Shri Aditya Kumar (CA) a/w Shri Ashwani KumarFor Respondent: Sh. Anil Kumar Sharma (Addl. CIT) - Ld. Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 145Section 43BSection 44A

1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH PHYSICAL HEARING BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT