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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)

Khushboo Shah, Kolkata vs. I.T.O., Ward - 33(2), Kolkata

In the result, appeal filed by the assessee stands allowed

ITA 2643/KOL/2025[2020-2021]Status: DisposedITAT Kolkata13 Jan 2026AY 2020-2021

Bench: Shri George Mathanआयकर अपील सं/Ita No.2643/Kol/2025 (नििाारण वर्ा / Assessment Year :2020-2021) Khushboo Shah, Vs Adit/Cpc, Bengaluru Ground Floor, Chandrasekhar-Ii L.R.Sarani.So. 27A, Rowland Road, Kolkata, Pin-700020 Pan No. :Ardpb 8525 D Tan No. :Calk10563A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri S.S.Gupta, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/01/2026 घोषणा की तारीख/Date Of Pronouncement : 13/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 19.09.2025, Passed By The Ld.Addl/Jcit(A)-4, Mumbai For The Assessment Year 2020-2021. 2. It Was Submitted By The Ld.Ar That The Assessee Is An Individual, Who Is A Partner In A Partnership Firm. The Assessee When Filing His Return Has Not Offered His Shares Of Profits Or Loss From The Partnership Firm In His Return Of Income. It Was The Submission That The Cpc While Processing The Intimation U/S.143(1) Of The Act Has Disallowed The Loss In Relation To The Partnership Firm. It Was The Submission That The Cpc Has Also Not Issued The Intimation As Required In The First Proviso To Section 143(1) Of The Act Before Making The Adjustment. Ld.Ar Drew My Attention To Page 34 To 36 Of The Paper Book Which Are The Screenshot Of The Portal To Substantiate Its 2 Claim That The Intimation As Required Under First Proviso To Section 143(1) Of The Act Has Not Been Issued, Which Reads As Under:-

For Appellant: Shri S.S.Gupta, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 143(1)

partnership firm. It was the submission that the CPC has also not issued the intimation as required in the first proviso to Section 143(1) of the Act before making the adjustment. Ld.AR drew my attention to page 34 to 36 of the paper book which are the screenshot ... portal to substantiate its 2 claim that the intimation as required under first proviso to Section 143(1) of the Act has not been issued, which reads as under:- 3 4 3. It was the submission that the intimation issued u/s.143(1) of the Act liable to be quashed

Khemani Charitable Trust, Kolkata vs. ITO Ward 1(4), Exemption, Kolkata

In the result, appeal of the assessee is allowed

ITA 2099/KOL/2025[2024-25]Status: DisposedITAT Kolkata13 Jan 2026AY 2024-25

Bench: Shri George Mathanआयकर अपील सं/Ita No.2099/Kol/2025 (नििाारण वर्ा / Assessment Year :2024-2025) Khemani Charitable Trust, Vs Ito Ward-1(4), Exemption, 2 Todi Chambers, Lal Bazar Street, Kolkata Room No.415, 4Th Floor, Kolkata, West Bengal-700001 Pan No. :Aaatk5349 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Mukesh Patawari, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/01/2026 घोषणा की तारीख/Date Of Pronouncement : 13/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 18.07.2025, Passed By The Ld.Addl/Jcit(A), Madurai, For The Assessment Year 2024-2025. 2. It Was Submitted By The Ld.Ar That For The Impugned Assessment Year The Assessee Had Filed Its Return Of Income On 15/11/2024. It Was Submission That The Form 10Bb Was Also Filed Along With Return Of Income On 15/11/2024. It Was The Submission That As The Form 10B Was Filed Along With Return & Not One Month Before The Due Date Of Filing Of The Return, The Cpc Had Issued Intimation U/S.143(1) Of The Act Denying The Assessee The Benefit Of Deduction U/S.11 Of The Act As Claimed. It Was The Submission That The Filing Of The Form 10B Was Procedural Requirement & Would Not Lead To Denial Of The Exemption U/S.11 Of The Act In The Intimation U/S.143(1) Of The Act. 3. In Reply, The Ld. Sr. Dr Vehemently Supported The Order Of The Cpc & Ld. Jcit(A).

For Appellant: Shri Mukesh Patawari, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 11Section 143(1)

आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA श्री जाजज माथन