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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)

ITO(Exemptions)-2(2), Mumbai vs. P N Amersey Educational Trust, Mumbai

In the result, the revenue’s appeal is dismissed, and the cross-objection of the assessee is allowed

ITA 3192/MUM/2025[2021-22]Status: DisposedITAT Mumbai24 Jun 2025AY 2021-22

Bench: Shri Beena Pillai & Smt. Renu Jauhriito(Exemptions)-2(2) Vs. P N Amersey Educational 614, 6Th Floor, Trust Mtnl Building, Laburnum House, Cumballa Hill, Laburnum Road, Peddar Road, Grant Road S.O, Mumbai-400026. Mumbai-400007. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatp0038K Appellant .. Respondent & Co No. 143/Mum/2025 (Arising Out Of Ita No. 3192/Mum/2025) P N Amersey Educational Vs. Ito(Exemptions)-2(2) Trust 614, 6Th Floor, Arvind House, Mtnl Building, Cs No180/1, Cumballa Hill, Quay Street, Peddar Road, Darukahana-400010. Mumbai-400026. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatp0038K Appellant .. Respondent

For Appellant: Ms. Kinjal BhutaFor Respondent: Mr. Virabhadra S. Mahajan, Sr
Section 11Section 12ASection 143(1)Section 234CSection 250Section 3(1)

exemption u/s. 11 cannot be denied in the intimation u/s. 143(1). That such action is beyond the jurisdiction and scope of section 143(1) of the Income Tax Act, 1961. P a g e | 3 ITA NO. 3192/MUM/2025 & Co No. 143/MUM/2025 A.Y. 2021-22 2. The Id. ADDL/JCIT ... applied for new registration and was granted provisional registration in Form 10AC on 12.05.2022, well before the date of issuance of intimation under Section 143(1). Since the return was filed on 15.03.2022, prior to the extended deadline for obtaining registration under amended provisions, the contention of the appellant holds

Bab-E-Rehmat Educational Society, Mumbra Thane vs. AO Exemtion Ward Thane, Quereshi Mansion

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 3119/MUM/2025[2023-24]Status: DisposedITAT Mumbai24 Jun 2025AY 2023-24

Bench: Shri Vikram Singh Yadav, Am & Ms. Kavitha Rajagopal, Jm Bab-E-Rehmat Educational Society Ao Exemption Ward Thane Fakir Shah Baba Hill Road, Near Darul Falah, Near Sahil Hotel, Kausa, Vs. Mumbai – 400612. Pan/Gir No. Aabtb7190H (Appellant) : (Respondent) Assessee By : Shri Himanshu Gandhi Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Ar. Date Of Hearing : 23.06.2025 Date Of Pronouncement : 24.06.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Addl/Jcit (A)-2, Bengaluru (‘Ld. Cit(A)’ For Short), Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2023-24. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1) Rejection Of Approval Claimed U/S 12Aa Is Bad In Law Assessee Having Exemption Certificate U/S 12Aa Dated 25 April 2016, As Per Old Registration Process Once An Organization Obtains Section 12Aa Registration, The Validity Of The Registration Is Perpetual Unless It Is Cancelled Or Revoked By The Income Tax Department. Unlike Certain Registrations Requiring Periodic Renewal, Section 12Aa Of Income Tax Act Has No Expiration Date Or A Specific Time Limit. Which Is Valid For Life Time Of Society/Trust That Means Appellant Is Eligible For 12Aa Registration Till Cancellation Or Revoked By The Income Tax Department. Bad-E-Rehmat Educational Society

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Leyaqat Ali Aafaqui, SR. AR
Section 11Section 12ASection 143Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, AM AND MS. KAVITHA RAJAGOPAL, JM