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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)

Saint Marys School, Mainpuri vs. ADIT, Exepmtion Circle, Ghaziabad

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

ITA 1667/DEL/2023[2019-20]Status: DisposedITAT Delhi22 Aug 2025AY 2019-20

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2014-15] St. Marys Education Vs Dcit (Exemption), Society, Our Lady Circle, Ghaziabad Fatima Secondary School, Ram Ghat Road, Aligarh, U.P-201002. Pan-Aaats4351G Appellant Respondent Appellant By None Respondent By Shri Mahesh Kumar, Cit Dr [Assessment Year : 2019-20] Saint Marys School, Vs Asst. Director Of Opp. Kotwali Mainpuri, Income Tax, Uttar Pradesh-205001. Exemption Circle, Pan-Aaets1727L Ghaziabad. Appellant Respondent Appellant By Shri Vikesh Bansal, Ca Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 03.06.2025 Date Of Pronouncement 22.08.2025 Order Per Manish Agarwal, Am : Both The Captioned Appeals Are Filed By The Assessee Against The Separate Orders Dated 15.12.2023 & 31.03.2023 Passed By Ld. Commissioner Of Income Tax, National Faceless Appeal Centre & 1667/Del/2023 (“Nfac”), Delhi [“Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Against The Intimation U/S 143(1) By Cpc Dated 25.11.2019 & 26.05.2020 For Assessment Years 2014-15 & 2019- 20 Respectively.

Section 10Section 12ASection 143(1)Section 154Section 250

ITA No.580/Del/2024 & 1667/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER

The Straw Board Manufacturing Company Limited, Bajwara, Hoshiarpur vs. Income Tax Officer Ward-1, Hoshiarpur

The appeal stand allowed

ITA 318/ASR/2024[2021-22]Status: DisposedITAT Amritsar21 Aug 2025AY 2021-22

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकर अपील सं./ Ita No. 318/Asr/2024 (िनधा"रण वष" / Assessment Year: 2021-22) The Straw Board Manufacturing Ito Company Ltd Ward 1 बनाम/ Vs. C/O Lala Shri Chunilal Free Hospital Hoshiarpur. Bajwara, Hoshiarpur – 146 023 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaact-5095-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sandeep Vijh (Ca) –Ld.Ar ""थ"कीओरसे/Respondent By : Sh. Charan Dass (Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 04-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2021-22 Arises Out Of An Order Of Ld. Addl. / Joint Commissioner Of Income Tax (Appeals), Kolkata [Cit(A)] Dated 26-03-2024 In The Matter Of An Intimation Issued By Cpc U/S. 143(1) Of The Act On 22-11-2022 Proposing Certain Adjustment Of Rs.6.58 Lacs To The Returned Income Of The Assessee. The Ld. Cit(A) Confirmed Adjustment Of Rs.5.94 Lacs Against Which The Assessee Is In Further Appeal Before Us. Having

For Appellant: Sh. Sandeep Vijh (CA) –Ld.ARFor Respondent: Sh. Charan Dass (CIT) – Ld. Sr. DR
Section 143(1)Section 143(1)(a)Section 154Section 43B

1 IN THE INCOME TAX APPELLATE TRIBUNAL ‘DB’, AMRITSAR BENCH, AMRITSAR HYBRID HEARING BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL

The Dy. Commr. of Income Tax, Cir.-3(1), Rajkot-Gujarat vs. M/S. Sonpal Exports Pvt. Ltd., Rajkot-Gujarat

In the result, appeal filed by the revenue is dismissed

ITA 29/RJT/2018[2012-13]Status: DisposedITAT Rajkot21 Aug 2025AY 2012-13

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 29/Rjt/2018 "नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) The Dcit, Circle – 3(1), Vs. M/S. Sonpal Exports Pvt. Ltd. Rajkot Aayakar Bhavan, Room Dhari Bagsara Road, Nr. Ice No. 114, 1St Floor, Race Course Factory, Amreli Ring Road, Rajkot Pan No.: Aajcs0177N (Assessee) (Respondent) Assessee By : Shri Kalpesh Doshi, Ld. Ar Respondent By : Shri Praveen Verma, Ld. Cit(Dr) Date Of Hearing : 24/06/2025 Date Of Pronouncement : 21/08/2025 आदेश / O R D E R Per, Dr. Arjun Lal Saini, Am; By Way Of This Appeal, The Revenue, Has Challenged Correctness Of The Order Dated 16.11.2017, Passed By The Learned Cit(A), In The Matter Of Assessment Under Section 143(3) Of The Income Tax Act 1961, For The Assessment Year 2012-13. Grievances Raised By The Revenue, Which Are Interconnected & Will Be Taken Up Together, Are As Follows: “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 13,96,33,023/- Holding That Provision Of Section 195 Will Not Be Applicable. 2. On The Facts Of The Case & In Law, The Ld. C.I.T. (A) Erred In Ignoring The Facts That The Assessee Has Failed To Prove The Genuineness Of Foreign Commission Expenses Before The A.O. 3. It Is, Therefore, Prayed That The Order Of The C.I.T. (A) May Be Set Aside & That Of The A.O. Be Restored To The Above Extent. Dcit Vs. M/S. Sonpal Export Pvt. Ltd.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Praveen Verma, Ld. CIT(DR)
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 195

assessee”) for assessment year (AY) 2012-13, on 30/09/2012, declaring total income of Rs. 1,64,75,250/-. The same was processed under section 143(1) of the Income-tax Act, 1961, as the returned income of Rs. 1,64,75,250/- without any modifications. Later on, the assessee