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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)

Shubhkaran Triveni Foundation, Kolkata vs. I.T.O., Ward - 1(3), Exemption, Kolkata

In the result, appeal of the assessee is allowed

ITA 503/KOL/2025[2022-2023]Status: DisposedITAT Kolkata05 Aug 2025AY 2022-2023

Bench: Shri George Mathanआयकर अपील सं/Ita No.503/Kol/2025 (नििाारण वर्ा / Assessment Year. :2022-2023) Shubhkaran Triveni Foundation Vs Ito Ward-1(3), Exemption, Kolkata 1St Floor, 18 Rn Mukherjee Road, Kolkata-700001 Pan No. : Aagts 8480 E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Mrinmoy Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 05/08/2025 घोषणा की तारीख/Date Of Pronouncement : 05/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 16.01.2025 Passed By The Ld. Addl/Jcit(A)-11, Delhi For The Assessment Year 2022-2023. 2. None Represented On Behalf Of The Assessee. Shri Mrinmoy Basak, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Has Been Posted On Multiple Occasions & None Represented On Behalf Of The Assessee. As None Represented On Behalf Of The Assessee, Therefore, The Appeal Of The Assessee Is Being Heard Ex-Parte Qua The Assessee. 4. A Perusal Of The Order Of The Ld. Addl/Jcit(A) Shows That The Appeal Of The Assessee Has Been Dismissed By The Ld. Addl/Jcit(A) On Account Of Delay. It Is Noticed That The Intimation U/S.143(1) Of The Act Has Been Issued Making An Addition Of Rs.44 Lakhs Received By The Assessee Towards Corpus Donation.

For Appellant: NoneFor Respondent: Shri Mrinmoy Basak, Sr. DR
Section 143(1)

shows that the intimation u/s.143(1) of the Act has been issued without issuing the intimation as required under the first proviso to Section 143(1) of the Act. The reasons for the treatment of donation received by the assessee towards the corpus as income of the assessee

Sudha Dhoot, Kolkata vs. AO Ward 40(4), Kolkata

In the result, appeal of the assessee is allowed

ITA 268/KOL/2024[2018-19]Status: DisposedITAT Kolkata05 Aug 2025AY 2018-19

Bench: Shri George Mathanआयकर अपील सं/Ita No.268/Kol/2024 (नििाारण वर्ा / Assessment Year. :2018-2019) Sudha Dhoot, Vs Assessing Officer Ward-40(4), 29B, Rabindra Sarani, 3Rd Floor, Kolkata Room No.10E, Wb-700001 Pan No. : Adwpd 2538 F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Mrinmoy Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 05/08/2025 घोषणा की तारीख/Date Of Pronouncement : 05/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 16.10.2023 Passed By The Ld. Addl./Jcit(A)-12, Mumbai For The Assessment Year 2018-2019 2. None Represented On Behalf Of The Assessee. Shri Mrinmoy Basak, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 55 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Stating Therein Sufficient Reasons Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection In Condoning The Delay. Accordingly, The Delay Of 55 Days Is Condoned & The Appeal Is Admitted For Hearing. 4. As The Notice Has Been Sent Through Rpad, Email & Also Through The Revenue & The Acknowledgement Of The Notice Having Been Served Through The Revenue By Rpad Is Available. As None Represented On Behalf

For Appellant: NoneFor Respondent: Shri Mrinmoy Basak, Sr. DR
Section 139(1)Section 143(1)

carry forward loss has been denied. A perusal of the assessment order shows that no intimation as required under the first proviso to Section 143(1) of the Act has been issued to the assessee. Ld. Sr. DR vehemently supported the orders of the ld. Addl/JCIT(A). 6. I have ... noticed that the intimation u/s.143(1) of the Act has been issued without issuing intimation as required under the first proviso to Section 143(1) of the Act, it is held that the intimation issued u/s.143(1) of the Act is unsustainable and the same stands quashed