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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)

Sarjoo Prasad Rajpat, Kanpur vs. Income Tax Officer 1(1)(4), Kanpur

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

ITA 343/LKW/2024[2009-10]Status: DisposedITAT Lucknow24 Jul 2025AY 2009-10

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2009-10 M/S Sarjoo Prasad Rajpat Vs. Ito-1(1)(4), 55/15, Kahoo Kothi, Kanpur 16/69/ Kanpur Pan:Aaffs5661Q (Appellant) (Respondent) Assessee By: Sh. Pradeep Kumar Sahgal, Advocate Revenue By: Sh. Deepak Yadav, Dr Date Of Hearing: 02.06.2025 Date Of Pronouncement: 24.07.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Dated 13.03.2024 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Under Section 154 Passed By The Ld. Ao On 25.04.2018. The Grounds Of Appeal Are As Under:- “1. That The Order In Appeal Passed By The Ld Cit(A), Nfac Is Bad In Law & Facts & Deserves To Be Quashed By Allowing The Appeal. 2. That The Ld. Cit(A), Nfac Under The Facts & Circumstances Of The Case Has Erred In Law & In Facts, In Upholding The Order Of Ld. Ao In Rejecting The Application Made Under Section 154 Of The Act. 3. That On The Facts & In The Circumstances Of The Case Of The Appellant, The Ld. Cit(A) Erred In Rejecting Contention Of Appellant For Rectification Of Mistake U/S 154 Of The Act On The Ground That Appellant Ought To Have Filed Revised Return Of Income Within Due Date If There Was Any Mistake In Filing Of Original Return Of Income. The Ld. Cit(A), Nfac Ought To Have Appreciated That Ao Is Bound To Compute Correct Income As Per Provisions Of The Act & Tax Cannot Be Levied At Higher Amount Due To Error Made While Filing Return Of Income.

For Appellant: Sh. Pradeep Kumar Sahgal, AdvocateFor Respondent: Sh. Deepak Yadav, DR
Section 139(5)Section 143(1)Section 154Section 154(8)Section 250

facts of the case are that a demand of Rs.53,390/- were raised against the assessee for the assessment year 2009-10 under section 143(1) of the Act and this was reflected as outstanding against the assessee on the CPC AO portal for the assessment year 2009-10. Accordingly ... that a mistake apparent from the record appearing in section 154 of the Income Tax Act extended to amendment of the intimation under section 143(1) of the Act and also mistakes committed in the return filed by the assessee, and therefore had a much wider meaning than the narrow

Elcon Estate Pvt. Ltd., Howrah vs. ITO, Ward 13(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 833/KOL/2025[2024-2025]Status: DisposedITAT Kolkata24 Jul 2025AY 2024-2025

Bench: Shri George Mathanआयकर अपील सं/Ita No.833/Kol/2025 (नििाारण वर्ा / Assessment Year :2024-2025) Elcon Estate Private Limited Vs Ito, Ward-13(1), Kolkata 1, Madhusudan Pal Chowdhury Lane Howrah, West Bengal-711101 Pan No. : Aabce 5473 D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Sunil Surana, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri Shankar Naskar, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/07/2025 घोषणा की तारीख/Date Of Pronouncement : 24/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 28.03.2025, Passed By The Ld. Addl/Jcit(A)-2, Lucknow For The Assessment Year 2024-2025. 2. Shri Sunil Surana, Ld.Ar Appeared On Behalf Of The Assessee & Shri Shankar Naskar, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Appeal Is Against An Intimation Passed U/S.143(1) Of The Act. It Was The Submission That The Adjustments Have Been Done In The Intimation Without Giving Prior Intimation As Required Under First Proviso To Section 143(1) Of The Act. The Assessee Has Also Attached Screenshots Of The Portal Shows That No Prior Intimation Has Been Issued To The Assessee. 4. In Reply, Ld.Sr. Dr Vehemently Supported The Order Of The Ld.Ao & Ld.Cit(A).

For Respondent: Shri Shankar Naskar, Sr. DR
Section 143(1)

submission that the adjustments have been done in the intimation without giving prior intimation as required under first proviso to Section 143(1) of the Act. The assessee has also attached screenshots of the Portal shows that no prior intimation has been issued to the assessee. 4. In reply, ld.Sr ... have considered the rival submissions. As it is noticed that no prior intimation has been issued as required under the proviso to Section 143(1) of the Act and adjustments have been done in the intimation u/s.143(1) of the Act, therefore, the intimation issued u/s.143(1