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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)

Sri Jagadguru Shivanand Human Welfare Association, Gadag vs. Income Tax Officer, (Exemptions), Ward-1, Hubbali

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

ITA 1732/BANG/2024[2022-23]Status: DisposedITAT Bangalore23 Oct 2024AY 2022-23

Bench: Ms. Padmavathy S. & Shri Prakash Chand Yadavsri Jagadguru Shivanand Ito (Exemption), Ward-1 Human Welfre Association C.R. Building, Navanagar Vs. Gadag 582103, Karnataka Hubli 580025 Pan – Aagas0911F (Appellant) (Respondent) Assessee By: Shri Kashinath Kalamath, Advocate Revenue By: Ms. Neha Sahay, Ld. Jcit-Dr Date Of Hearing: 21.10.2024 Date Of Pronouncement: 23.10.2024 O R D E R Per: Padmavathy S., A.M. This Appeal By The Assessee Is Against The Order Of The Commissioner Of Income Tax (Appeals), Prayagraj [Cit(A)] Dated 20.08.2024 For Assessment Year (Ay) 2022-23. 2. The Assessee Is A Charitable Trust & Obtained Registration U/S. 12 Of The Income Tax Act, 1961 (The Act). The Assessee Filed Return Of Income For Ay 2022-23 On 06.11.2022 Declaring Nil Income. The Return Was Processed U/S. 143(1) Of The Act By The Cpc In Which The Entire Gross Receipts Of Rs. 50,67,850/- Claimed By The Assessee As Exempt U/S. 11 Of The Act Was Disallowed. The Reason For The Denial Of Benefit U/S. 11 Was That The Assessee Did Not File Form 10B Within The Time Limit Prescribed. On Further Appeal The Ld. Cit(A) Upheld The Disallowance Stating That The Cit(A) Does Not Have The 2 Sri Jagadguru Shivanand Human Welfre Association Power To Condone The Delay In Filing From 10B. The Assessee Is In Appeal Before The Tribunal Against The Order Of The Cit(A).

For Appellant: Shri Kashinath Kalamath, AdvocateFor Respondent: Ms. Neha Sahay, Ld. JCIT-DR
Section 11Section 12Section 143(1)

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE “A” BENCH, BANGALORE Before Ms. Padmavathy S., Accountant Member and Shri Prakash Chand