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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)

Shreyas Paradkar, Mira Road vs. ITO 1(1) Thane, Thane

In the result, Assessee’s appeal is dismissed

ITA 4721/MUM/2025[2023-2024]Status: DisposedITAT Mumbai23 Jan 2026AY 2023-2024

Bench: Shri Narender Kumar Choudhryassessment Year: 2023-24 Shreyas Paradkar (Individual), Ito Range 1(1), C/O Ca Rahul Godbole & Ashar I.T. Park, 6Th Floor, Vs. Associates, 204, Spectra, Kothrud, Road No. 162, Wagle Indl. Pune – 411038. Estate, Pan- Cvzpp8788C Thane – 400604. (Appellant) (Respondent) Present For: Assessee By : Shir H.V. Datar, (Virtually Present) Revenue By : Shri Vinod Kumar V., Sr. D.R. Date Of Hearing : 20.11.2025 Date Of Pronouncement : 23.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 09.06.2025, Impugned Herein, Passed By Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2023-24. 2. In The Instant Case, The Assessee Has Claimed That He Opted For The New Tax Regime While Filing His Return Of Income On 25Th July 2023 By Entering All The Data On The Income-Tax Website. On Selecting The New Tax Regime, The Income-Tax Website Showed Tax Payable At ₹5,000 After Giving Credit For Tds & Therefore, The Assessee Paid The Respective Tax Payable & Submitted The Itr. The Assessee, On The Last Page Of The Itr, Computed The Tax As Per The New Regime, But Somehow, On The First Page Of The Return Of Income Filed, It Is Shown That The Assessee Did Not Opt For The New Tax Regime. This Was A Glitch On The Website, But Somehow, The Return Filed By The Assessee Was Processed Vide Intimation Dated 29.12.2023, Whereby The Taxable Income And/Or Return Filed By The Assessee Was Computed As Per The Old Regime & Not As Per The New Tax Regime Mainly For The Reason That The Assessee Failed To File The Relevant 2 Shreyas Paradkar (Individual)

For Appellant: Shir H.V. Datar, (Virtually Present)For Respondent: Shri Vinod Kumar V., SR. D.R
Section 115BSection 139(1)Section 143(1)Section 154Section 250

occurred due to oversight, as claimed by the assessee. However, the same was filed by the assessee immediately after receipt of intimation under section 143(1) of the Act. Thereafter, the assessee also filed a rectification application under section 154 of the Act for treating the return filed ... 115BAC and therefore, the Appellant shall NOT be eligible for taxing provisions of section 115BAC of the IT Act. Further Intimation Order under section 143(1) of the Act also confirms that the Appellant has not opted for 115BAC. The relevant excerpt of the same is reproduced hereunder: 3 Shreyas