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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)

Mount Carmel Educational Society, Trivandrum vs. ITO, Exemption Ward, Trivandrum

In the result, the appeal filed by the assessee stands partly allowed

ITA 72/COCH/2025[2017-18]Status: DisposedITAT Cochin26 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 Mount Carmel Educational Society .......... Appellant Kanjiramkulam P.O., Thiruvananthapuram 695524 [Pan: Aabam3865A] Vs. Ito, Ward-1(1), Thiruvananthapuram .......... Respondent Appellant By: Ms. Binisha Baby, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.05.2025 Date Of Pronouncement: 26.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-2, Ludhiana [Cit(A)] Dated 30.121.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Charitable Trust Duly Registered U/S. 12A Of The Income Tax Act, 1961 (The Act). The Return Of Income For Ay 2017-18 Was Filed On 01.08.2017 Declaring Nil Income After Claiming Exemption U/S. 11 Of The Act. The Said Return Of Income Was Processed By The Cpc U/S. 143(1) Of 2 Mount Carmel Educational Society The Act Vide Intimation Dated 25.03.2019 Denying Exemption U/S. 11 & Assessed The Total Income At Rs. 2,03,20,447/- On The Ground That Audit Report In The Prescribed Form 10B Was Not Filed Along With The Return Of Income.

For Appellant: Ms. Binisha Baby, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 11Section 12ASection 143(1)

Being aggrieved, an appeal was filed before the CIT(A), contending that the adjustment made by the CPC is beyond the scope of section 143(1) of the Act and filing of audit report within the prescribed time is only directory and not mandatory. However, the CIT(A), placing reliance

Hreyansh Vasundhara Family Trust, Pune vs. Income Tax Officer, Ward-7(1), Pune

In the result, the appeal of the assessee is allowed

ITA 1793/PUN/2024[2021-22]Status: DisposedITAT Pune26 Jun 2025AY 2021-22

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1793/Pun/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Hreyansh Vasundhara Family Trust, S. No. 1A, F-1, Irani Market Compound, Yerwada, Pune – 411006 Vs. Ito, Ward-7(1), Pune Pan : Aabth8220Q अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri C.H. Naniwadekar Department By : Shri Ramnath P. Murkunde Date Of Hearing : 18-06-2025 Date Of Pronouncement : 26-06-2025 आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 18.07.2024 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Vadodara [“Addl./Jcit(A)"] Pertaining To Assessment Year ("Ay") 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal : "In The Fact & The Circumstances Of The Case & In Law, The Learned Addl/Joint Commissioner Of Income-Tax (Appeals) -(A)2 Vadodara, Erred In Confirming The Variance In The Intimation U/S 143(1) Made By Cpc In Respect Of The Rate Of Surcharge & Erred: 1. In Not Adjudicating & Hence Confirming That The Ao Cpc Has Power To Vary The Rate Of Surcharge While Processing The Return U/S 143(1). 2. In Holding That In The Case Of The Appellant Provisions Of Section 167B Rws 2(29C) Are Applicable & Therefore The Appellant Is Subjected To Taxation At The Highest Slab Of Income Tax (Including Surcharge) As Applicable For The Given Ay Which Is 37% Surcharge In The Case Of The Appellant For The Given Ay.

For Appellant: Shri C.H. NaniwadekarFor Respondent: Shri Ramnath P. Murkunde
Section 111ASection 143(1)Section 167BSection 2

applicable tax has been paid by the assessee after adding surcharge of 15%. However, the Ld. AO/ CPC while processing the return under section 143(1) of the Income Tax Act, 1961 (the "Act") has levied surcharge at the maximum rate of 37% on the entire amount