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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)

Income Tax Officer-42(1)(4), Mumbai vs. Ravindra G Chitalia, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 2565/MUM/2023[2010-11]Status: DisposedITAT Mumbai06 Mar 2024AY 2010-11

Bench: Shri Kuldip Singh & Shri Amarjit Singhincome Tax Officer - Vs. Ravindra G. Chitalia, 42(1)(4), A/604, Saileela, Above Room No. 718, Kautilya Vijaya Bank, Anand Bhavan, Bkc, Nagar, Dahisar (East) Mumbai – 400051 Maharashtra – 400068 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaepc4939Q Appellant .. Respondent Appellant By : S. Arunkumar Respondent By : Debiz Bhusal Date Of Hearing 28.02.2024 Date Of Pronouncement 06.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This E-Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A) For A.Y. 2010-191. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Facts & In Law By Giving Partial Relief To The Assessee By Reducing The Addition / Disallowance To 5% Of The Impugned Non-Genuine / Bogus Purchases As Against The Addition / Disallowance @12.5% Made By The Assessing Officer By Relying On. 2. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Facts & In Law By Reducing The Disallowance @ 5% Of The Impugned Bogus Purchases By Relying On The Judgment Dated 06 02 2019 Of The Jurisdictional Itat In The Case Of The This Assessee For The A.Y 2009- 10 Which Was Not Accepted By The Revenue & Further Appeal Was Filed It Is Submitted In This Regard That In The Said Itat Judgment On Identical Facts It Was Held By Hon'Ble Tribunal That Disallowance @12.5% Was At Higher Rale Going By The Nature Of Business Of The Assessee (Trading In Various Products Of Iron & Steel) & Also For The Reason That The Assessee Has Also Paid Vat Element On The Impugned Bogus Purchases Without

For Appellant: S. ArunkumarFor Respondent: Debiz Bhusal
Section 133(6)Section 143(1)Section 145(3)Section 147Section 148

P a g e | 1 ITO-42(1)(4) Vs. Ravindra G. Chitalia IN THE INCOME TAX APPELLATE TRIBUNAL “SMC

Kohinoor Industrial Premises Co-Op Society Ltd., Mumbai vs. ITO Ward-31(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3697/MUM/2023[2018-19]Status: DisposedITAT Mumbai04 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhkohinoor Industrial Vs. Ito, Ward 31(2)(2), Premises Co-Op Society Kautilya Bhavan, Limited, Plot No.10, Cts Bandra, No. 67, Dindoshi Village, Mumbai – 400 051 Western Express Highway Goregaon East Maharashtra – 400063 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaaak4970G Appellant .. Respondent Appellant By : Kirit S. Sanghvi Respondent By : S. Arunkumar Date Of Hearing 27.02.2024 Date Of Pronouncement 04.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 11.07.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Ctt(A) [Nfac, Delhi] Erred On Facts & In Law In Disallowing Rs.22,92,110/-Claimed As Deduction Under S 80P(2)(D) Of The Act 2. The Learned Cit(A) [Nfac, Delhi] Erred On Facts & In Law In Confirming The Order Passed Under S 154 Of The Act By Holding That There Was No Mistake Apparent From The Records 3. The Learned Cit(A) (Nfac, Delhi) Erred On Facts & In Law In Confirming The View Of The Cpc That The Appellant Did Not Correctly Fill In Sch-Via For Claiming Deduction Under S 80P. Relief Claimed: The Appellant Be Allowed Deduction Of Rs.22,92,110/- Under S 80P(2)(D) Of The Act.

For Appellant: Kirit S. SanghviFor Respondent: S. Arunkumar
Section 143(1)Section 154Section 80PSection 80P(2)(d)

P a g e | 1 Kohinoor Industrial Premises Coop Society Ltd. vs. AO, Ward 31(2)(2) IN THE INCOME

Bharat Laxman Bhiwapurkar, Thane vs. ITO, Ward 1(5), Thane

In the result, the appeal of the assesse is partly allowed

ITA 3413/MUM/2023[2011-12]Status: DisposedITAT Mumbai04 Mar 2024AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhbharat Laxman Vs. Ito, Ward 1(5), Bhiwapurkar, 204, Room No. 14, B Wing, Oxford, Regency Heights, 6Th Floor, Ashar It Park, Azad Nagar, Kolshet, Road No. 16Z, Wagle, Thane - 400602 Ind. Estate, Thane-400604 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Abnpb8487A Appellant .. Respondent Appellant By : Subodh Ratnaparkhi Respondent By : S. Arunkumar Date Of Hearing 26.02.2024 Date Of Pronouncement 04.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 03.08.2023 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon. Cit (A) Erred In Upholding Re-Opening Of Assessment U/S 147 Of The Income Tax Act 1961, Inspite Of The Fact That There Was No Incriminating Material Pertaining To The Appellant With Regards To Alleged On-Money Paid For Purchase Of Flat From Cosmos Group & Therefore The Re-Opening Was In Absence Of Any Independent & Valid Belief On The Part Of The Id Ao That Any Income Chargeable To Tax Had Escaped Assessment. The Re-Opening Of Assessment U/S 147 Being Bad-In-Law, The Asst. Order Flowing Therefrom, Being The Order U/S 143(3) R.W.S 147 Is Also Invalid & Bad In Law & Hence The Same May Be Quashed 2. The Hon Cit (A) Erred In Upholding The Addition Of Rs. 31,00,000/-, U/S 69 Of The 1.1 Act, 1961, As Unexplained Investment Towards Alleged On- Money Paid Towards Purchase Of Flat No. A-07, 7Th Floor, Twilight, Cosmos Horizon, Ghodbunder Road, Thane (W) To Cosmos Group, Ignoring The Contentions Of The Appellant That There Was No Incriminating

For Appellant: Subodh RatnaparkhiFor Respondent: S. Arunkumar
Section 131Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 69

P a g e | 1 Bharat Laxman Bhiwapurkar Vs. ITO, Ward-1(5) IN THE INCOME TAX APPELLATE TRIBUNAL “SMC