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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)

Summit Sports Pvt Ltd, Pune vs. Additional Director of Income Tax CPC, Banglore

In the result, the appeal of the assessee stands partly allowed for statistical purposes

ITA 620/PUN/2024[2019-20]Status: DisposedITAT Pune20 Aug 2024AY 2019-20

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.620/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Summit Sports Pvt. Ltd., Vs. Addl. Dit, Cpc, T-170, Midc, Bhosari, Banglore. Pune- 411026. Pan : Aatcs8122M Appellant Respondent Assessee By : Shri Akshay Shivaji Revenue By : Shri Akhilesh Srivastava Date Of Hearing : 04.07.2024 Date Of Pronouncement : 20.08.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.02.2024 Passed By Ld Addl./Jcit(A), Jodhpur For The Assessment Year 2019-20. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. At The Time Of Assessment, Learned Assessing Authority Passed Assessment Order & Disallowed Claim Of Tds On Account Of Mismatch With 26As. 2. The Learned Assessing Authority Levied Excess Interest U/S 2234B & 234C Without Considering Tax Payment Which Is Unjustified. 3. At The First Hearing Of An Appeal, The Appellant Authority Dismissed The Appeal On Account Of Appeal Is Not Maintainable As There Is Inordinate Delay In Filing An Appeal Which Cannot Be Condoned Without Considering The Facts Of The Case Which Is Unjustified.”

For Appellant: Shri Akshay ShivajiFor Respondent: Shri Akhilesh Srivastava
Section 143(1)Section 223

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI VINAY

E M C Projects Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 7(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1063/KOL/2024[2014-2015]Status: DisposedITAT Kolkata20 Aug 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

Section 142(1)Section 143(2)Section 143(3)Section 263Section 263(1)

again assessee has declared house property income which has been accepted, though there was no scrutiny assessment but under section 143(1), the stand of the assessee has been accepted. Thus on the strength of Hon’ble Supreme Court’s decision in the case of Radhasoami Satsang Saomi Bagh, Agra ... house property income in two scrutiny assessments, i.e. A.Ys. 2012-13 & 2013-14. In subsequent years, such income has been accepted under section 143(1). It suggests that in the 16 EMC Projects Pvt. Limited earlier years as well as in subsequent years, the stand of the assessee has been