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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)

Priyasha Meven Finance Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 4(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3814/MUM/2023[2015-16]Status: DisposedITAT Mumbai21 Mar 2024AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3814/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2015-16) Priyasha Meven Finance बिधम/ Acit, Circle-4(2)(1) Ltd Room No. 642/669, Vs. R 404 Rotunda Building, Aayakar Bhawan, M. K. Bombay Samachar Marg, Road, Mumbai-400020. Fort-400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcp2042F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mani Jain Revenue By: Shri H. M. Bhatt (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 05/03/2024 घोषणा की तारीख /Date Of Pronouncement: 21/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi, Dated 28.08.2023 For Ay. 2015-16. 2. The Assessee Has Challenged The Validity Of The Reopening By Ao (Jurisdiction) U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). So The Legal Issue Is Taken Up First. According To The Ld. Ar, The Assessee Had Not Taken This Legal Issue Before The Ld. Cit(A). However, According To Him, Since It Is A Legal Issue, It Can Be Raised For The First Time Before This Tribunal & For Such A Preposition Relied Upon The Decision Of The Hon’Ble Supreme Court In The Case Of Ntpc Vs. Cit (229 Itr 383) (Sc). Per Contra, The Ld. Dr Objects To Raising Of This Legal Issue Before This Tribunal For The First Time. According To Him, The Assessee Had Not Taken Up This Issue Before The Ld. Cit(A), Therefore, The Same Should Be Remanded Back To The File Of The Ld.

For Appellant: Shri Mani JainFor Respondent: Shri H. M. Bhatt (Sr. DR)
Section 143(1)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI S RIFAUR RAHMAN

DCIT Circle-6(1)(2), Mumbai vs. Franklin Templetion International Services (I) Pvt. Ltd., Mumbai

In the result, appeal by the Revenue is dismissed

ITA 3033/MUM/2023[2021-22]Status: DisposedITAT Mumbai20 Mar 2024AY 2021-22

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.3033/मुं/2023 (िन.व. 2021-22) Dy. Commissioner Of Income Tax Circle 6(1)(2), Mumbai, Room No.506, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ...... अपीलाथ"/Appellant बनाम Vs. M/S. Franklin Templeton International Services (India) Pvt. Ltd., Tower 2, 13Th Floor, One International Centre, Sb Marg, Elphinstone West, Delsle Road,S.O, Mumbai 400 013. Pan: Aaacf-6496-L ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Ankush Kapoor, Cit Dr. "ितवादी"ारा/Respondent By : S/Shri Anish Takkar & Lekh Mehta सुनवाई क" ितिथ/ Date Of Hearing : 19/03/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 20/03/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 30/06/2023, For The Assessment Year 2021-22. 2 2. The Solitary Ground Raised By The Revenue In Appeal Is Against The Directions Of The Cit(A) In Deleting Addition Made U/S. 43B Of The Income Tax Act, 1961 [In Short ‘The Act’].

For Appellant: Shri Ankush Kapoor, CIT DRFor Respondent: S/Shri Anish Takkar & Lekh Mehta
Section 143(1)Section 43B

आयकर अपीलीय अिधकरण मुंबई पीठ “ एफ ”,मुंबई "ी िवकास अव"थी, "याियक सद"य एवं "ी अमरजीत "सह, लेखाकार सद"य के

Addl CIT R G 7(1), Mumbai vs. Novartis India Ltd ( Formerly Known As Hindustan Ciba Giegy Ltd. ), Mumbai

ITA 6772/MUM/2010[2002-03]Status: DisposedITAT Mumbai20 Mar 2024AY 2002-03

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 2

processed by the Deputy Commissioner of Income-tax–7(1), Mumbai(the Dy. CIT), pursuant to which he issued an Intimation under section 143(1) of the Act (see page 2 of Factual paper book-1). 3 12.03.2003 In response to a rectification application dated 06.03.2003 filed by the Assessee ... CIT/the Asstt. CIT pursuant to which the assessee had filed its return including the revised return of income with them. The intimation under section 143(1) of the Act was issued by them and the notices under section 143(2) of the Act were also issued by them. Insofar