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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)

Nam Group Aslali, Ahmedabad vs. AO, CPC, Bangalore-Present -the ITO, Ward-3(1)(1), Ahmedabad

ITA 1611/AHD/2024[2023-24]Status: DisposedITAT Ahmedabad28 Jan 2025AY 2023-24

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1610/Ahd/2024 & 1611/Ahd/2024 िनधा"रण वष" /Assessment Years : 2022-23 & 2023-24 Respectively Nam Group Aslali The Ao, Cpc बनाम/ 172/1, Premchand House Bangalore - V/S. Old High Court Way Present Ito Ashram Road Ward-3(1)(1) Ahmedabad Ahmedabad "थायी लेखा सं./Pan:Aaaan 0551 C (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri B.P. Srivastav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/01/2025 घोषणा की तारीख /Date Of Pronouncement: 28/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both The Appeals, Filed By The Assessee Pertain To Assessment Years (Ays) 2022-23 & 2023-24 & Arise From The Orders Passed By The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit-10 Mumbai [Hereinafter Referred To As “Cit(A)”] In Upholding The Levy Of Surcharge At The Maximum Marginal Rate Under Section 167B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. The Levy Of Surcharge Was Determined Pursuant To Intimations Issued By The Cpc, Bengaluru Under Section 143(1) Of The Act. Since The Facts & Grounds Of Appeal For Both Years Are Identical

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri B.P. Srivastav, Sr.DR
Section 143(1)Section 167BSection 167B(2)Section 26Section 67ASection 86

hereinafter referred to as “the Act”]. The levy of surcharge was determined pursuant to intimations issued by the CPC, Bengaluru under Section 143(1) of the Act. Since the facts and grounds of appeal for both years are identical ITA Nos.1610 & 1611/Ahd./2024 Nam Group Aslali vs. AO, CPC, Bangalore

Nam Group Aslali, Ahmedabad vs. AO, CPC, Bangalore- Present ITO. Ward-3(1)(1), Ahmedabad

ITA 1610/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad28 Jan 2025AY 2022-23

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1610/Ahd/2024 & 1611/Ahd/2024 िनधा"रण वष" /Assessment Years : 2022-23 & 2023-24 Respectively Nam Group Aslali The Ao, Cpc बनाम/ 172/1, Premchand House Bangalore - V/S. Old High Court Way Present Ito Ashram Road Ward-3(1)(1) Ahmedabad Ahmedabad "थायी लेखा सं./Pan:Aaaan 0551 C (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri B.P. Srivastav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/01/2025 घोषणा की तारीख /Date Of Pronouncement: 28/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both The Appeals, Filed By The Assessee Pertain To Assessment Years (Ays) 2022-23 & 2023-24 & Arise From The Orders Passed By The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit-10 Mumbai [Hereinafter Referred To As “Cit(A)”] In Upholding The Levy Of Surcharge At The Maximum Marginal Rate Under Section 167B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. The Levy Of Surcharge Was Determined Pursuant To Intimations Issued By The Cpc, Bengaluru Under Section 143(1) Of The Act. Since The Facts & Grounds Of Appeal For Both Years Are Identical

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri B.P. Srivastav, Sr.DR
Section 143(1)Section 167BSection 167B(2)Section 26Section 67ASection 86

hereinafter referred to as “the Act”]. The levy of surcharge was determined pursuant to intimations issued by the CPC, Bengaluru under Section 143(1) of the Act. Since the facts and grounds of appeal for both years are identical ITA Nos.1610 & 1611/Ahd./2024 Nam Group Aslali vs. AO, CPC, Bangalore

Yogita Manoj Tatooskar, Pune vs. ITO 12(1), Pune

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

ITA 2714/PUN/2024[2012-13]Status: DisposedITAT Pune28 Jan 2025AY 2012-13

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2714/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Yogita Manoj Tatooskar, V The Income Tax Officer, 504, Anandban, Chs, Ashok S Ward-12(1), Pune. Path, Maharashtra – 411004. Pan: Abopt9276A Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak – Ar Miss Indira R Adkil – Add.Cit(Dr) Revenue By Date Of Hearing 27/01/2025 Date Of Pronouncement 28/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2012-13; Dated 28.10.2024; Emanating From Assessment Order Under Section 143(1) Of The Income Tax Act, 1961 Dated 15.11.2013. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Dismissing The Appeal Of The Assessee On The Ground That The Appellant Had Failed To Submit The

Section 143(1)Section 250

Income Tax(Appeals)[NFAC], under section 250 of the Income Tax Act, 1961 for the A.Y.2012-13; dated 28.10.2024; emanating from assessment order under section 143(1) of the Income Tax Act, 1961 dated 15.11.2013. The Assessee has raised the following grounds of appeal : “1. The learned CIT(A) erred ... declaring total income at Rs.12,74,791/-. Subsequently, CPC made adjustment in the Income from House Property vide order under section 143(1) of the Act, dated 15.11.2013. Ld.AR invited our attention to order under section 143(1) of the Act, wherein Assessee had claimed Income from House Property

Link Commercial Pvt. Ltd., Kolkata vs. I.T.O., Ward - 1(4), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1368/KOL/2024[2011-2012]Status: DisposedITAT Kolkata28 Jan 2025AY 2011-2012

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1368/Kol/2024 Assessment Year: 2011-12 Link Commercial Pvt. Ltd...………........………………....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcl4354L] Vs. Ito, Ward-1(4), Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 30, 2024 Date Of Pronouncing The Order : January 28, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 10.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Assessment Year 2011-12. 2. In This Appeal, The Assessee Challenged The Validity Of Reopening Proceedings U/S 147/148 Of The Act & The Addition Of Rs.2,02,00,000/- Made U/S 68 Of The Act As Unexplained Cash Credit. 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 30.03.2012 By Declaring A Total Income Of Rs.35,061/-. The Return Was Processed U/S 143(1) Of The Act. Subsequent To That, The Case Of The Assessee Was Reopened U/S 147 Of The Act & A Notice U/S 148 Of The Act Was Issued On 31.03.2018 After Obtaining Prior Approval

Section 133(6)Section 143(1)Section 147Section 148Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh