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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)

Hydraguard International Pvt. Ltd., Chennai vs. ITO, Corp. Ward.2(3), Chennai

The appeal stand allowed

ITA 2103/CHNY/2024[2020-21]Status: DisposedITAT Chennai07 Nov 2024AY 2020-21

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2103/Chny/2024 (िनधा(रणवष( / Assessment Year: 2020-21) Hydraguard International Pvt. Ltd. Ito #86, Polyhose Towers, 8Th Floor, बनाम/ Corporate Ward-2(3) Western Ring, Mount Road, Guindy, Chennai. Vs. Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcp-7219-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S.M. Khaja Muyeenuddeen (Ca)– Ld.Ar " थ"कीओरसे/Respondent By : Shri Ar.V. Sreenivasan(Addl.Cit)-Ld. Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 07-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 07-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. In This Appeal, The Assessee Seeks Application Of Correct Rate Of Tax. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] On 07-06-2024 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 18-12-2021. 2. Upon Perusal Of Impugned Order, It Could Be Seen That In Its Return Of Income For Assessment Year (Ay) 2020-21, The Assessee Opted For Taxation In Terms Of Sec.115Baa @22%. The Assessee Declared Income

For Appellant: Shri S.M. Khaja Muyeenuddeen (CA)– Ld.ARFor Respondent: Shri AR.V. Sreenivasan(Addl.CIT)-Ld. Sr.DR
Section 115BSection 143(1)

आयकर अपीलीय अिधकरण “ए” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय "ी मनोज कुमार

Assistant Commissioner of Income Tax 6(1)(1), Mumbai vs. Cma Cgm Agencies India Private Limited, Pune

In the result, the appeal filed by the Revenue is dismissed

ITA 585/MUM/2024[2014-15]Status: DisposedITAT Pune05 Nov 2024AY 2014-15

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.585/Mum/2024 िनधा"रण वष" / Assessment Year: 2014-15 Cma Cgm Agencies Acit, Circle-6(1)(1), Mumbai Vs. India Private Limited, 407, City Tower, Boat Club Road, Pune- 411001. Pan : Aadcc3951G Appellant Respondent Revenue By : Shri Prakash L. Pathade Assessee By : Mahenov Thakkar Date Of Hearing : 01.10.2024 Date Of Pronouncement : 05.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 14.12.2023 Passed By Ld. Commissioner Of Income Tax (Appeals)-13, Pune [‘Cit(A)’] For The Assessment Year 2014-15. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & Circumstance Of The Case & In Law The Ld. Cit(A) Erred In Directing The Ao To Delete The Addition Of Rs.9,06,53,035/- Made By Ao On Account Of Expenditure For It Service Charges U/S 40(A)(Ia) Of The It Act, 1961 Treating Such Expense Incurred By The Assessee Company As Fees For Technical Services/Royalty?

For Appellant: Mahenov ThakkarFor Respondent: Shri Prakash L. Pathade
Section 143(1)Section 143(2)Section 40

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “C”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY