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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)

Alhaj Dr Mohammed Nayeem Memorial Trust, Cuttack vs. ITO Ward-1(1), Cuttack

In the result, appeal of the assessee is allowed

ITA 86/CTK/2025[2020-21]Status: DisposedITAT Cuttack07 Apr 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.86/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2020-2021) Alhaj Dr Mohammed Nayeem Vs Ito, Ward-1(1), Cuttack Memorial Trust, Blue Lagoon Ground Floor, Metro Riverview Complex, Sunshine Field Ring Road, Cuttack Pan No. :Aabta 0484 H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 23/12/2024, Passed In Itba/Nfac/S/250/2024-25/1071488111(1) For The Assessment Year 2020-2021. 2. It Was Submitted By The Ld. Ar That This Is An Appeal Against The Order U/S.143(1) Of The Act Issued By The Cpc. It Was The Submission That As Per The Provisions Of Section 143(1) Of The Act, Before Making Any Adjustment, A Show Cause Notice Has To Be Issued To The Assessee. It Was The Submission That No Show Cause Notice Has Been Issued To The Assessee, Therefore, The Intimation Issued U/S.143(1) Is Liable To Be Quashed.

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(1)

appeal against the order u/s.143(1) of the Act issued by the CPC. It was the submission that as per the provisions of section 143(1) of the Act, before making any adjustment, a show cause notice has to be issued to the assessee. It was the submission that ... time of hearing, Ld.Sr. DR was asked to show the show cause notice issued as per the proviso to Section 143(1) of the Act before issuance of the intimation u/s.143(1) of the Act. The Sr. DR was unable to show the copy of the show cause notice

Sri Devi Tool Engineers Private Ltd, Mumbai vs. Asst. Director of Income Tax, CPC, Bengaluru

In the result appeal is partly allowed

ITA 6822/MUM/2024[2020-21]Status: DisposedITAT Mumbai07 Apr 2025AY 2020-21

Bench: Smt Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.6822/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) Sri Devi Tool Engineers V/S. Asst. Director Of Income Private Ltd. Tax, Cpc A 61, Nandjyot Industrial Est, Andheri, Kurla Road Safed, Sakinaka S.O. 400072 1St Floor, Prestige Alpha No. 48/1 48/2, बनाम Beratenaagrahara Begur, Hosur Road, Uttarahalli Hobli, Karnataka 560100 Bengaluru, स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacs6211N Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Shri. Fenil Bhatt राजस्व की ओर से /Revenue By: Ms. Kavitha Kaushik (Sr Dr) सुनवाई की तारीख / Date Of Hearing 01.04.2025 घोषणा की तारीख/Date Of Pronouncement 07.04.2025 आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Dated 29/10/2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act"] For Assessment Year [A.Y.] 2020-21. Page 2

For Appellant: Shri. Fenil BhattFor Respondent: Ms. Kavitha Kaushik (SR DR)
Section 143(1)Section 23Section 250Section 37Section 43B

IN THE INCOME-TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SMT BEENA PILLAI, JUDICIAL MEMBER & SMT. RENU JAUHRI, ACCOUNTANT MEMBER