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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)

Phoenix Hitech Pvt. Ltd., Kolkata vs. D.C.I.T., Central Circle - 1(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1824/KOL/2024[2009-2010]Status: HeardITAT Kolkata22 Nov 2024AY 2009-2010

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1824/Kol/2024 Assessment Year: 2009-10 Phoenix Hitech Pvt. Ltd….…………………………………………….…..……Appellant 20, B. T. Road, Kolkata-700002. [Pan: Aadcp7251J] Vs. Dcit, Central Circle-1(3), Kolkata..............….........……........……...…..…..Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Appellant. Shri Prakash Nath Barnwal, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 29, 2024 Date Of Pronouncing The Order : November 22, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 16.07.2024 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 Assessee Filed Its Income Tax Return On 24.09.2009 Declaring A Total Income Of Rs.83,95,690/-. The Return Was Processed U/S 143(1) Of The Act. Subsequently, The Case Was Selected For Scrutiny & Notices Were Issued U/S 143(2) & 142(1) Of The Act & Assessment Order U/S 143(3) Was Completed On 29.12.2011 With A Total Assessed Income Of Rs.93,95,690/-. Later On, The Assessing Officer Noticed That The Assessee Had Received A Loan Of Rs.2,11,39,885/- From M/S H. S. Infrastructure & Services Pvt. Ltd. During The Relevant Financial Year. Both The Assessee & M/S H. S. Infrastructure & Services Pvt. Ltd. Has Common Shareholders Namely Shri Haranjit Singh & Mr. Subash Bera Holding More Than 10% Of The Share Capital In Both Companies. The Assessing

Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 250Section 263

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