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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)

Sri Annamalai Educational Society, Krishnagiri vs. Addl-JCIT(A)-1, Jaipur

In the result, the appeals filed by the assessee are allowed for

ITA 2596/CHNY/2024[2021-2022]Status: DisposedITAT Chennai05 Mar 2025AY 2021-2022

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.2595 & 2596/Chny/2024 िनधा&रण वष&/Assessment Years: 2020-21 & 2021-22 M/S. Sri Annamalai Educational Vs. The Income Tax Officer, Society, Exemptions Ward, Soolamalai Medu, Salem. Periyapanamutlu Village, Anchoor Post, Krishnagiri – 635 001. [Pan: Aahts 6428B] (अपीलाथ"/Appellant) ()*थ"/Respondent) Shri Purushothaman, Ca & अपीलाथ" की ओर से/ Appellant By : Shri Shyam Sundar, Ca & Shri Rajesh Jain, Ca (Through Virtual Mode) )*थ" की ओर से /Respondent By : Ms. R. Anita, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 16.01.2025 घोषणाकीतारीख /Date Of Pronouncement : 05.03.2025

For Appellant: Shri Shyam Sundar, CA &For Respondent: Ms. R. Anita, Addl.CIT
Section 11Section 119(2)(b)Section 12ASection 143(1)

would have expired on 31.03.2015 which was just few days before the return was processed on 12.03.2015 under Section 143(1) of the Act. 24. The Hon'ble Supreme Court in Formica India Division, Bombay, Burma Trading Corporation Limited Vs. Collector of Central Excise and others, 1995 Supp ... aside the Impugned Common Order dated 30.12.2019 and remit the case back to the Assessing Officer to pass a fresh order deleted under Section 143(1) of the Act. 27. These appeals stand disposed of with the above observations. The substantial questions of law are partly answered in favour

Sri Annamalai Educational Society, Krishnagiri vs. Addl-JCIT(A)-1, Jaipur

In the result, the appeals filed by the assessee are allowed for

ITA 2595/CHNY/2024[2020-2021]Status: DisposedITAT Chennai05 Mar 2025AY 2020-2021

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.2595 & 2596/Chny/2024 िनधा&रण वष&/Assessment Years: 2020-21 & 2021-22 M/S. Sri Annamalai Educational Vs. The Income Tax Officer, Society, Exemptions Ward, Soolamalai Medu, Salem. Periyapanamutlu Village, Anchoor Post, Krishnagiri – 635 001. [Pan: Aahts 6428B] (अपीलाथ"/Appellant) ()*थ"/Respondent) Shri Purushothaman, Ca & अपीलाथ" की ओर से/ Appellant By : Shri Shyam Sundar, Ca & Shri Rajesh Jain, Ca (Through Virtual Mode) )*थ" की ओर से /Respondent By : Ms. R. Anita, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 16.01.2025 घोषणाकीतारीख /Date Of Pronouncement : 05.03.2025

For Appellant: Shri Shyam Sundar, CA &For Respondent: Ms. R. Anita, Addl.CIT
Section 11Section 119(2)(b)Section 12ASection 143(1)

would have expired on 31.03.2015 which was just few days before the return was processed on 12.03.2015 under Section 143(1) of the Act. 24. The Hon'ble Supreme Court in Formica India Division, Bombay, Burma Trading Corporation Limited Vs. Collector of Central Excise and others, 1995 Supp ... aside the Impugned Common Order dated 30.12.2019 and remit the case back to the Assessing Officer to pass a fresh order deleted under Section 143(1) of the Act. 27. These appeals stand disposed of with the above observations. The substantial questions of law are partly answered in favour

Shree Ambika Gramin Bigarsheti Sahakari Patsanstha Maryadit, Pune vs. ITO Ward 10(1), Pune

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

ITA 1329/PUN/2024[2021-22]Status: DisposedITAT Pune04 Mar 2025AY 2021-22

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1329/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Shree Ambika Gramin V The Income Tax Officer, Bigarsheti Sahakri Patsanstha S Ward-10(1), Pune. Maryadit, Khodad, Junnar, Pune – 410504. Pan: Aadas2545Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 04/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2021-22 Dated 08.03.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. 1.1 Registry Informed That There Is A Delay 35 Days. We Have Carefully Gone Through The Affidavit & Notice That On Account Of

Section 143(1)Section 143(1)(A)Section 143(1)(a)Section 250Section 80P(2)(d)

ld.Counsel for that assessee stated that the appeal before the ld.CIT(A) filed against the adjustment made by CPC in the order under section 143(1)(A) of the Income Tax Act, 1961 was delayed by 299 days ld.CIT(A) did not condone the delay and the adjustment made towards ... Rs.1,00,97,288/- has been stated to be an amount eligible for deduction in the processing sheet under section 143(1)(a) of the Act. However, on Page 2 of the CPC order, the deduction under section 80P(2)(d) has been denied. There is an anomaly

Anantapur District Co-Operative Staff Co-Operative Society Limited, Anantapur vs. ITO., Ward-1, Anantapur

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

ITA 1142/HYD/2024[2016-17]Status: DisposedITAT Hyderabad04 Mar 2025AY 2016-17

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.आआआ.आआ /Ita No.1142/Hyd/2024 (आआआआआआआआ आआआआ/Assessment Year:2016-17) M/S. Anantapur District Co- Income Tax Officer, Vs. Ward-1, Anantapur. Operative Staff Co-Operative Society Limited, Anantapur. Pan:Aaeaa0133B (Appellant) (Respondent) आआआआआआआआआआ आआआआआआ/Assessee Dr. D. Harish Chandra Rama, Ca By: आआआआआआ आआआआआआ/Revenue By: Dr. Sachin Kumar, Sr-Dr आआआआआआ आआ आआआआआ/Date Of 24/02/2025 Hearing: आआआआआ आआ 04/03/2025 आआआआआ/Pronouncement: आआआआ/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Anantapur District Co-Operative Staff Co-Operative Society Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 05.09.2024 For The A.Y. 2016-17. 2. The Facts Of The Case Are That The Assessee Is An Association Of Persons (“Aop”), Not Filed Any Return Of Income (“Roi”) U/S.139 Of The Income Tax Act, 1961 ('The Act'). From The Information

For Respondent: Dr. Sachin Kumar, SR-DR
Section 139Section 143(2)Section 147Section 148Section 148ASection 69ASection 80P

operative Housing Society Limited (supra), the claim for deduction under section 80P(2)(d) of the Act was disallowed through intimation under section 143(1) of the Act and the rectification application filed by the assessee under section 154 of the Act was rejected. Appeal filed against the order under ... also rejected on the ground that the disallowance under section 80P(2) of the Act in the original assessment order under section 143(1) of the Act, but not under section 154 of the Act and, therefore, the assessee cannot challenge the order under section 154 of the Act, directly