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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)

Nishant Choudhary, Fatehabad vs. ITO, Ward-1, Fatehabad

Appeal is allowed in above terms

ITA 2863/DEL/2019[2015-16]Status: DisposedITAT Delhi05 Dec 2024AY 2015-16

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 2863/Del/2019 : Asstt. Year : 2015-16 Nishant Choudhary, Vs Income Tax Officer, S/O Sh. Vijay Choudhary, Choudhary Ward-1, Niwas, G.T. Road (Opp. Ratia Fatehabad, Crossing), Fatehabad, Haryana-125050 Haryana-125050 (Appellant) (Respondent) Pan No. Aempc0965Q Assessee By : Sh. Raj Kumar, Adv. Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 03.12.2024 Date Of Pronouncement: 05.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2015-16, Arises Against The Order Of Cit(A)-5, Ludhiana Dated 13.02.2019 In Case No. 255/Rot/It/Cit(A)-5/Ldh/2018-19, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Raj Kumar, AdvFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR
Section 1Section 10(37)Section 142(1)Section 143Section 143(1)(a)Section 143(2)Section 143(3)Section 145B(1)Section 263Section 28

individual. He filed his return for AY 2018-19 on 29.08.2018 declaring income of Rs. 6,35,470/-. His return was processed under section 143(1)(a) on 28.06.2019. His case was selected for complete scrutiny assessment under the e-assessment Scheme, 2019 on two issues, namely refund claim ... income from other sources and claimed deduction for 50% as per section 57(iv) of the 1961 Act. The return was processed under section 143(1) of the Act. An application under section 264 was made claiming that by mistake the assessee treated the interest income as income from other

Gp Spira Duct Private Limited, Hyderabad vs. DCIT., Circle-2(1), Hyderabad

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

ITA 957/HYD/2024[2020-21]Status: DisposedITAT Hyderabad04 Dec 2024AY 2020-21

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.957/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2020-21) Gp Spira Duct Private Vs. Deputy Commissioner Limited Of Income Tax Hyderabad Circle-2(1) [Pan : Aaccg2696M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri A.V.Raghuram, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 04/12/2024 घोर्णध की तधरीख/Date Of 04/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)] Dated 06.08.2024 & Pertains To A.Y.2020-21. 2. The Brief Facts Of The Case Are That The Appellant Company Filed Its Return Of Income For The A.Y.2020-21 On 22.12.2020, Admitting Total Income Of Rs.1,69,65,640/-. The Return Of Income Filed By The Assessee Has Been Processed By The 2 Ao(Cpc), Issued Intimation U/S 143(1) Of The Income Tax Act, 1961 (“The Act”) & Determined Total Income At Rs.1,85,36,790/-, By Disallowing Bonus Expenditure Of Rs.13,87,250/- & Addition Towards Esi & Pf At Rs.1,83,903/-.

For Appellant: Shri A.V.Raghuram, ARFor Respondent: Shri Srinath Sadanala, DR
Section 139Section 139(1)Section 143(1)Section 36(1)(va)

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad Before Shri Vijay Pal Rao

Manas, Kolkata vs. I.T.O., Ward - 1(4), Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1357/KOL/2024[2022-2023]Status: DisposedITAT Kolkata04 Dec 2024AY 2022-2023

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

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

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1356/KOL/2024[2020-2021]Status: DisposedITAT Kolkata04 Dec 2024AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

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

Manas, Kolkata vs. I.T.O., Ward - 1(4), Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1355/KOL/2024[2019-2020]Status: DisposedITAT Kolkata04 Dec 2024AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

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

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1354/KOL/2024[2018-2019]Status: DisposedITAT Kolkata04 Dec 2024AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

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

Sree Rajendra Suri Gurumandir Trust, Bengaluru vs. Income Tax Officer, (Exemption) Ward-3, Bangalore

In the result, appeal of the assessee is allowed

ITA 2020/BANG/2024[2015-16]Status: DisposedITAT Bangalore04 Dec 2024AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan Kassessment Year : 2015-16 Sree Rajendrasuri Gurumandir Trust, Vs. The Income Tax Officer (Exemptions), 25 & 25/1, Jain Temple Road, Ward – 3, Vishwweswarapuram, Bengaluru. Bengaluru – 560 004. Pan : Aajts 8921 K Appellant Respondent Assessee By : Smt. Suman Lunkar, Ar. Revenue By : Shri. Subramanian, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 28.11.2024 Date Of Pronouncement : 04.12.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Nfac/S/250/2023-24/1056681273 (1)] Dated 30.09.2023. 2. The Sole & Substantiating Ground Raised By The Assessee To Challenge Order Of Nfac Confirming The Penalty Levied By The Ao Of Rs.54,700/- Under Section 272A(2)(E) Of The Act, For Delay In Filing The Return Of Income. The Due Date For Filing Return Of Income Was 30.09.2015 But The Assessee Filed Its Return On 31.03.2017. Accordingly, Ao Levied Penalty Under Section 272A(2)(E) Of The Act Of Rs.54,700/-. Page 2 Of 9 3. At The Outset Of Hearing, The Learned Counsel Drew Our Attention That The Appeal Filed By The Assessee Is Barred By 328 Days. However, The Registry Has Not Raised Any Defect Memo For Delay In Filing The Appeal. An Application Dated 22.11.2024 Has Been Filed By The Assessee Stating Therein The Reasons For Delay In Filing The Assessee Which Is As Under:

For Appellant: Smt. Suman Lunkar, ARFor Respondent: Shri. Subramanian, JCIT(DR)(ITAT), Bengaluru
Section 12ASection 139Section 143(1)Section 272A(2)(e)Section 275(1)(c)

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K