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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)

Dayal Singh, Vill Fatehpur Po Burewala vs. ITO Ward-1, Panchkula

In the result, the ground no

ITA 519/CHANDI/2024[AY 2017-2018]Status: DisposedITAT Chandigarh03 Dec 2024

Bench: Shri Sanjay Gargआयकर अपील सं./ Ita No. 519/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 बनाम Dayal Singh, The Ito, Vill Fatehpur Ward -1, Po Burewala Panchkula Distt.Amabla 134204 "थायी लेखा सं./Pan No: Acdps7697G अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Y.R. Saini, Adv. राज"व क" ओर से/ Revenue By : Sh. Vivek Vardhan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 11.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.12.2024 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.03.2024 Passed By The Ld. Addl. / Jcit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2017-18. 2. The Assess Ee In This Appeal H As Taken Foll Owing Groun Ds Of Appeal: 1 That In The F Acts & Circumstance Of The Case The Id. Addl/Jcit (A)-9 Mumbai Of Cit (A)( Nfac) Has Erred In Law By Placing Reliance On Judgement Of Hon'Ble Apex Court In The Case Of Maji Sinneman Vs Reddy

For Appellant: Shri Y.R. Saini, AdvFor Respondent: Sh. Vivek Vardhan, JCIT
Section 10Section 143(2)Section 143(3)Section 270A

आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ,च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, CHANDIGARH BEFORE

Saswati Samai, Kolkata vs. Assistant Director of Income Tax, CPC, Bengaluru, Centralised Processing Centre

The appeal of the assessee is allowed for statistical purposes

ITA 1871/KOL/2024[2009-10]Status: DisposedITAT Kolkata03 Dec 2024AY 2009-10

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1871/Kol/2024 Assessment Year: 2009-10 Saswati Samai…….… ……….. ……..……………………....Appellant E-20/7, Karunamoyee Housing Estate, Block-Ed, Sector-11, North 24 Parganas, Salt Lake, Sech Bhawan, W.B – 700091. [Pan: Aztps5513N] Vs. Acit, Cpc, Bengaluru…. ….…….…............................…..…..... Respondent Appearances By: Shri S. Jhajharia, Ar, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 02, 2024 Date Of Pronouncing The Order : December 03, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.07.2024 Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Nagpur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is An Employee Of Ibm India Pvt. Ltd. & Filed Return For Assessment Year 2009-10 Reporting A Higher Income Of Rs.11,59,031/- With Tds Of Rs.3,32,206/-, However, Actual Taxable Income As Per Form 16 & Form 26As Was Rs.2,01,865/- With Tds Of Rs.5,824/-. The Return Of The Assessee Was Processed U/S 143(1) By Cpc, Bengaluru Leading To A Demand Of Rs.4,38,868/- Which Was Later Adjusted With Refund Of A.Y 2012-13 As Per Intimation Order Of A.Y 2012-13. Upon Receiving The Information

Section 143(1)Section 250

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

Lords Freight (India) Private Ltd, Mumbai vs. Deputy Commissioner of Income Tax Circle 2(2)(1), Mumbai

In the result, the appeal of the assessee is treated as allowed

ITA 5239/MUM/2024[2022-23]Status: DisposedITAT Mumbai02 Dec 2024AY 2022-23

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2022-23 Lords Freight (India) Private Deputy Commissioner Of Income Limited, Tax, Arena Space, Vs. Circle-2(2)(1), 10Th& 11Th Floor, 545, 5Th Floor, Plot No. 20, Jvlr, Aayakar Bhavan, Nr. Majas Bus Depot, M.K. Road, Jogeshwari (East), Mumbai. Mumbai. Pan : Aaccl0108M (Appellant) (Respondent) For Assessee : Shri Devendra Jain For Revenue : Shri Akshay Tapdiya, Sr.Dr Date Of Hearing : 21-11-2024 Date Of Pronouncement : 02-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assessee Has Filed This Appeal Challenging The Order Dated 07-08-2024 Passed By The Ld. Addl/Jcit(A)-1, Vadodara & It Relates To The Assessment Year (Ay.)2022-23. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Dismissing The Appeal Of The Assessee In Limine, Without Condoning The Delay Of Around Thirty Days In Filing The Appeal Before The Ld.Cit(A). 2. The Ld.Ar Submitted Thatthe Return Of Income Filed By The Assessee Was Initially Processed U/S. 143(1) Of The Income Tax Act, 1961 („The Act‟) On 26-07-2023 Making Various Adjustments To The Returned Income. Hence, The Assessee Filed Appeal Against The Above Said Intimation Before Ld Cit(A) & The Same Is Pending Before Him.

For Appellant: Shri Devendra JainFor Respondent: Shri Akshay Tapdiya, Sr.DR
Section 143(1)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE JUSTICE (RETD.) SHRI C.V. BHADANG, PRESIDENT AND SHRI B.R