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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)

Ahlers India Private Limited, Chennai vs. DCIT, Corp Circle 1(1), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 524/CHNY/2024[2011-12]Status: DisposedITAT Chennai27 Jun 2024AY 2011-12

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 524/Chny/2024 िनधा"रण वष"/Assessment Year: 2011-12 Ahlers India Pvt. Ltd., The Deputy Commissioner No.39, 2Nd Floor, Vs. Of Income Tax,, The Trapezium, Corporate Circle 1(1), Nelson Manickam Road, Chennai. Aminjikarai, Chennai – 600 029. Pan: Aaeca 5688H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Vikram Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 27.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1059291012 (1) Dated 02.01.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Company Circle 1(1), Chennai For The Assessment Year 2010-11 U/S.143(3) R.W.S. 144C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 16.02.2016. The Impugned Giving Effect To The Order Of The Tribunal Was Framed By The Dcit, Corporate Circle 1(1), Chennai Vide Order Dated 22.08.2017. 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A)-Nfac Confirming The Action Of The Ao In Disallowing Expenses Paid To Various Non-Resident Parties For Non-Deduction Of Tds By Invoking The Provisions Of Section 40(A)(I) Of The Act Amounting To Rs.2,26,73,426/-. This Is The Only Limited Issue On Merits But Assessee Has Raised Various Other Issues Of Proper Opportunity Etc., Which Will Be Dealt With Later.

For Appellant: Shri Vikram Vijayaraghavan, AdvocateFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)Section 201(1)Section 40

आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ,चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी महावीर "सह, उपा"य

K864 Murali Chennampatti Primary Agriculture Co-Op Credit Society, Erode vs. Income Tax Officer, Ward 2(1), Erode

In the result, both the appeals filed by the assessee are allowed

ITA 517/CHNY/2024[2019-20]Status: DisposedITAT Chennai27 Jun 2024AY 2019-20

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.: 516 & 517/Chny/2024 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-20 M/S. K864 Murali Chennampatti The Income Tax Officer, Primary Agriculture Co-Op Vs. Ward 2(1), Credit Society, Erode. Mulari Post, Anthiyur Taluk, Erode – 638 504. Pan: Aabak 3671M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. A. Vijayalakshmi, Fca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 27.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.06.2024 आदेश /O R D E R Per Mahavir Singh: These Appeals By The Assessee Are Arising Out Of The Orders Of The Commissioner Of Income Tax (Appeals), Addl/Jcit(A),Prayagraj In Order No.Itba/Apl/S/250/2023-23/1058743474 (1) & 1058743723(1) Both Dated 14.12.2023. The Return Of Income For The Assessment Years 2018-19 & 2019-20 Were Processed & Intimation U/S.143(1) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Were Issued By The Asst. Director Of Income Tax, Central Ita Nos.516 &517/Chny/2024 Processing Center (Cpc), Bengaluru Vide Orders Dated 12.07.2019 & 20.09.2020 Respectively.

For Appellant: Ms. A. Vijayalakshmi, FCAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 119(2)(b)Section 139(1)Section 143(1)Section 80P

statutory time limit or falls into the category of belated submissions. This process is inherently mechanical and falls squarely within the purview of Section 143(1)(a)(i) of the Act. The Central Processing Centre (CPC) is well-equipped to efficiently carry out this task. 6.8 In the present case ... flaw in the AO's decision to disallow the appellant's deduction claim under section 80P while processing the return under section 143(1) of the Act. Consequently, all the raised appeal grounds are rejected.” Aggrieved, assessee is in appeal before us. 7. Before us, the ld.AR for the assessee

K864 Murali Chennampatti Primary Agriculture Co-Op Credit Society, Erode vs. Income Tax Officer, Ward 2(1), Erode

In the result, both the appeals filed by the assessee are allowed

ITA 516/CHNY/2024[2018-19]Status: DisposedITAT Chennai27 Jun 2024AY 2018-19

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.: 516 & 517/Chny/2024 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-20 M/S. K864 Murali Chennampatti The Income Tax Officer, Primary Agriculture Co-Op Vs. Ward 2(1), Credit Society, Erode. Mulari Post, Anthiyur Taluk, Erode – 638 504. Pan: Aabak 3671M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. A. Vijayalakshmi, Fca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 27.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.06.2024 आदेश /O R D E R Per Mahavir Singh: These Appeals By The Assessee Are Arising Out Of The Orders Of The Commissioner Of Income Tax (Appeals), Addl/Jcit(A),Prayagraj In Order No.Itba/Apl/S/250/2023-23/1058743474 (1) & 1058743723(1) Both Dated 14.12.2023. The Return Of Income For The Assessment Years 2018-19 & 2019-20 Were Processed & Intimation U/S.143(1) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Were Issued By The Asst. Director Of Income Tax, Central Ita Nos.516 &517/Chny/2024 Processing Center (Cpc), Bengaluru Vide Orders Dated 12.07.2019 & 20.09.2020 Respectively.

For Appellant: Ms. A. Vijayalakshmi, FCAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 119(2)(b)Section 139(1)Section 143(1)Section 80P

statutory time limit or falls into the category of belated submissions. This process is inherently mechanical and falls squarely within the purview of Section 143(1)(a)(i) of the Act. The Central Processing Centre (CPC) is well-equipped to efficiently carry out this task. 6.8 In the present case ... flaw in the AO's decision to disallow the appellant's deduction claim under section 80P while processing the return under section 143(1) of the Act. Consequently, all the raised appeal grounds are rejected.” Aggrieved, assessee is in appeal before us. 7. Before us, the ld.AR for the assessee