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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)

Alok Kumar Chamria (HUF), Kolkata vs. I.T.O., Ward - 32(3), Kolkata

The appeal of the assessee is allowed

ITA 1487/KOL/2024[2017-2018]Status: DisposedITAT Kolkata29 Nov 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rajesh Kumari.T.A. No.1487/Kol/2024 Assessment Year: 2017-18 Alok Kumar Chamria (Huf)…………........………………....Appellant 25E Chamria House, Shakespeare Sarani, 3Rd Floor, W.B. – 700017. [Pan: Aafha4854F] Vs. Ito, Ward-32(3), Kolkata.….……….…............................…..…..... Respondent Appearances By: Mrs. Saswati Mitra (Dutta), Advocate, Appeared On Behalf Of The Assessee. Shri Pradip Kr. Biswas, Addl. Cit, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 19, 2024 Date Of Pronouncing The Order : November 29, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 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’). 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 03.08.2017 By Declaring A Total Income Of Rs.12,14,280/-. The Return Was Processed U/S 143(1) Of The Act & Refund Of Rs.26,980/- Was Issued. Subsequently, The Case Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued Requiring The Assessee To Furnish Specific Details. The Assessee Submitted Responses & Uploaded Documents Periodically. During The Scrutiny Proceedings, The Assessing Officer Observed That The Assessee Had Declared Long-Term Capital Gain (‘Ltcg’) From The Sale Of Immovable Property. The Assessing Officer Noted That Sale Consideration For Seven Flats As Per Sale Deed Was Lower Than The Stamp Duty Value. He Invoked

Section 143(1)Section 143(2)Section 250Section 50CSection 54FSection 54F(4)

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

Akhila Karnataka Bramana Mahasabha(Regd), Bangalore vs. Income Tax Officer(Exemptions)Ward-1, Bangalore

In the result, the appeal by the assessee is allowed for statistical purposes

ITA 1955/BANG/2024[2022-23]Status: DisposedITAT Bangalore29 Nov 2024AY 2022-23

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2022-23 M/S. Akhila Karnataka Bramana Vs. The Income Tax Officer Mahasabha (Regd), (Exemptions), No.5/1, Shankar Mutta Road, Ward – 1, Shankarpuram, Bengaluru. Bengaluru – 560 004. Pan : Aaata 8481 H Appellant Respondent Assessee By : Shri. Raghavendra Chakravarthy, Ca. Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.11.2024 Date Of Pronouncement : 29.11.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Apl/S/250/2024-25/1068118463(1)] Dated 29.08.2024. 2. Briefly Stated, The Facts Of The Case Are That Assessee Is A Registered Trust Eligible For Exemption Under Section 12A & Recognized Under Section 80G Of The Act. The Assessee Filed Return Of Income On 05.11.2022 Declaring Nil Income After Claiming Exemption Under Section 11 & 12 Of The Act. The Page 2 Of 4

For Appellant: Shri. Raghavendra Chakravarthy, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 11Section 11(2)Section 11(5)Section 12ASection 12A(1)(b)Section 143(1)Section 44ASection 80G

wherein it is mention a sum of Rs.11,21,140/- for accumulation and Rs.22,26,500/-was deposited. The return was processed under section 143(1) of the Act determining the total income at Rs.22,52,692/- against the declared Nil income. While processing the return

Gursharan Kaur, Mumbai vs. ITO Ward 24(1)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 4270/MUM/2024[2020-21]Status: DisposedITAT Mumbai29 Nov 2024AY 2020-21

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Gursharan Kaur Ito Ward 24 (1)(1) A-301, Skylark Chs, Opp. Vikram Piramal Chamber, Mumbai – Petrol Pump A Bunglows Juhu Versova Vs. 400012. Link Road, 4 Bunglow Andheri West Mumbai -400 053 Pan/Gir No. Bkopk8032M (Assessee) : (Respondent) Assessee By : Shri. Tejas Chandrana Respondent By : Mr. Tushar Mohite Sr. Dr Date Of Hearing : 17.10.2024 Date Of Pronouncement : 29.11.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi (‘Ld.Cit(A) For Short),National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2020-21. 2. The Assessee Has Raised The Following Grounds Of Appeal: “Following Grounds Of Appeal Are Without Prejudice To Each Other. 1. The Learned Cit (A) Has Erred In Law & On Facts In Upholding The Order Passed By Central Processing Center ("Cpc") U/S 154 Of The Act. 2. The Learned Cit(A) Has Erred In Law & On Facts In Upholding The Action Of The Cpc Of Denying Relief U/S 90/90A Due To Late Filing Of Form 67. 3. The Learned Cit (A) Has Erred In Law & On Facts In Sustaining The Levy Of Interest U/S. 234B & 234C Of The Act.”

For Appellant: Shri. Tejas ChandranaFor Respondent: Mr. Tushar Mohite Sr. DR
Section 139Section 139(1)Section 143(1)Section 154Section 234BSection 250Section 90

IN THE INCOME TAX APPELLATE TRIBUNAL “K(SMC)” BENCH, MUMBAI BEFORE SHRI. OM PRAKASH KANT, AM AND MS. KAVITHA RAJAGOPAL