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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)

Pramode Kumar Himatsingka, L/H of Gita Devi Himatsingka (Since Deceased), Kolkata vs. ITO, Ward 30(1), Kolkata

The appeal of the assessee is allowed

ITA 737/KOL/2025[2018-19]Status: DisposedITAT Kolkata31 Jul 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.737/Kol/2025 Assessment Year: 2018-19 Gita Devi Himatsingka (Since Deceased) Represented By L/H Pramode Kumar Himatsingka…………….………..……..…………………....Appellant 2C, Queens Park, Ballygunge, Kol-19. [Pan: Aarph3735N] Vs. Ito, Ward-30(1), Kolkata…………....…..………………….…..... Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Ranu Biswas, Acit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 30, 2025 Date Of Pronouncing The Order : July 31, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Preferred By Shri Pramod Kumar Himatsingka, Legal Heir Of Smt. Geeta Devi Himatsingka (Deceased), Against The Order Of The Ld. Cit(A), Dated 19.02.2025, Confirming The Rectification Order Passed Under Section 154 Of The Income-Tax Act, 1961, Dated 30.10.2019, By The Cpc, Bangalore, For The Assessment Year 2018–19. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Who Filed The Return Of Income For The Assessment Year 2018-19, Declaring A Total Income Of Rs.30,51,986/-. The Return Was Processed Under Section 143(1) Of The Income-Tax Act On 07.12.2018 & A Refund Of Rs.40,800/- Was Determined & Granted To The Assessee. Subsequently, The Cpc Passed A Rectification Order Dated 30.10.19 By

Section 10(35)Section 115BSection 143(1)Section 154

return of income for the Assessment Year 2018-19, declaring a total income of Rs.30,51,986/-. The return was processed under Section 143(1) of the Income-tax Act on 07.12.2018, and a refund of Rs.40,800/- was determined and granted to the assessee. Subsequently, the CPC passed ... however, erroneously considered total dividend income exceeding ₹10,00,000, and made an adjustment of ₹3,90,187 under Section 143(1)/154, treating it as taxable under the head “Business Income”. We therefore find that the rectification order dated 30.10.2019 suffers from legal infirmity and is not sustainable

Kabiguru Path Bhaban, Kolkata vs. ITO, Exemption, Ward 1(4), Kolkata

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

ITA 1165/KOL/2025[2024-2025]Status: DisposedITAT Kolkata31 Jul 2025AY 2024-2025

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1165/Kol/2025 Assessment Year: 2024-25 Kobiguru Path Bhaban.………..……..…………………....Appellant 8B Tala, Bhabanath Sen Street, Shyambazar, Kol-4. [Pan: Aaetk0386P] Vs. Ito, Ward-1(4), Kolkata…………....…..………………….…..... Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Shri Ranu Biswas, Acit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 30, 2025 Date Of Pronouncing The Order : July 31, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Dated 25.03.2025, For The Assessment Year 2024–25, Passed Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For A.Y. 2024–25 On 25.09.2024, Claiming Exemption Under Section 11 Of The Act. It Is Noted That The Audit Report Applicable In The Case Of The Assessee Was Form 10Bb, Which Was Filed On 26.12.2024. The Centralized Processing Centre (Cpc), Bengaluru, Processed The Return Under Section 143(1) Of The Act & Passed An Intimation Order Dated 28.01.2025, Disallowing Exemption Under Section 11, Citing That Form 10Bb Was Not Filed Within The Prescribed Time. Against This, The

Section 11Section 143(1)Section 154Section 250

case of the assessee was Form 10BB, which was filed on 26.12.2024. The Centralized Processing Centre (CPC), Bengaluru, processed the return under Section 143(1) of the Act and passed an intimation order dated 28.01.2025, disallowing exemption under Section 11, citing that Form 10BB was not filed within the prescribed ... assessee filed a rectification application under Section 154, highlighting that Form 10BB was already filed on 26.12.2024, i.e., prior to the intimation under Section 143(1). The rectification was accepted by CPC and an order dated 03.03.2025 was passed under Section 154, thereby allowing the exemption and nullifying the demand

Binod Kumar Burnwal, Burdwan vs. ITO, Ward 2(1), Durgapur

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

ITA 1154/KOL/2025[2010-2011]Status: DisposedITAT Kolkata31 Jul 2025AY 2010-2011

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1154/Kol/2025 Assessment Year: 2010-11 Binod Kumar Burnwal…….……...……..…………………....Appellant C/O Ghanashyam Burnwal, Banagram, Nutandanga, Gogla, Burdwan – 713383. [Pan: Aizpb0692A] Vs. Ito, Ward-2(1), Durgapur…………………..………………….…..... Respondent Appearances By: Shri Manoj Tiwari, Advocate, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 29, 2025 Date Of Pronouncing The Order : July 31, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 18.03.2025 Passed By The Nfac [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring Total Income Of ₹2,89,094, Which Was Processed Under Section 143(1) Of The Income-Tax Act, 1961. Subsequently, The Case Was Selected For Scrutiny Under Cass With Prior Approval Of The Competent Authority. Statutory Notices Under Sections 143(2) & 142(1) Were Issued, But There Was No Compliance From The Assessee Or His Authorised Representative. In The Absence Of Proper Books Of Account Or Supporting Documents, The Assessing Officer (Ao) Collected Copies Of Audited Financial Statements From The Assessee’S Chartered Accountant. It Was Observed That During The Year Under Consideration, The Assessee

Section 133(6)Section 143(1)Section 144Section 250

case are that the assessee filed its return of income declaring total income of ₹2,89,094, which was processed under Section 143(1) of the Income-tax Act, 1961. Subsequently, the case was selected for scrutiny under CASS with prior approval of the competent authority. Statutory notices under Sections