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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)

Shailaja Lalit Kotian, Mumbai vs. Central Processing Centrem Income Tax Department, Bengaluru

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 2960/MUM/2023[2022-23]Status: DisposedITAT Mumbai13 Dec 2023AY 2022-23

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2960/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2022-23) Shailaja Lalit Kotian बिधम/ Central Processing B/25, 6Th Floor, Namaskar Center, Income Tax Vs. Maas Chs, Poonam Nagar, Department, Bengalure Mumbai-400093. Kautilya Bhavan, Bkc, Bandra (E) Room No.615, Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agipk3192M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeetan Nagpal/Shri Sujit Kotian/Shri Ali Sayyed Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 28/11/2023 घोषणा की तारीख /Date Of Pronouncement: 13/12/2023 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 29.06.2023 For The Assessment Year 2022-23. 2. The Grounds Of Appeal Of The Assessee Are As Under: - “1. That On The Facts & Circumstances Of The Case & In Law, The Appellate Order Dated 29.06.2023 [‘The Impugned Order’] Passed By The National Faceless Appeal Centre (Nfac), Delhi [‘The Hon'Ble Cit(A)’] Is Based Upon Conjectures, Surmises & Assuming Incorrect Facts & Therefore, Is Bad In Law.

For Appellant: Shri Jeetan Nagpal/Shri SujitFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 143(1)Section 199Section 234A

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

Ial Logistics India Private Limited, Mumbai vs. DCIT Circle- 5(2)(1), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 793/MUM/2023[2011-12]Status: DisposedITAT Mumbai12 Dec 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.793/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Ial Logistics India Pvt. बिधम/ Dcit, Circle-5(2)(1) Ltd. Mumbai. Vs. 6Th Floor, Kalpataru Court, C Gidwani Marg, Chembur, Mumbai-400074. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacm3123B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri S. N Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 28/11/2023 घोषणा की तारीख /Date Of Pronouncement: 12/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 25.01.2023 For The Assessment Year 2011-12. 2. None Appeared For Assessee. However A Perusal Of The Records Reveals That The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Addition Of Rs.8,27,200/- As Undisclosed Business Income.

For Appellant: NoneFor Respondent: Shri S. N Kabra (Sr. AR)
Section 143(1)Section 147Section 148

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

M/S. Suprativa, Cuttack vs. ITO Ward-2(2), Cuttack

In the result, appeal filed by the assessee stands allowed

ITA 308/CTK/2023[2017-18]Status: DisposedITAT Cuttack07 Dec 2023AY 2017-18

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.308/Ctk/2023 (ननधाारण वषा / Assessment Year :2017-2018) M/S Suprativa, Vs Ito, Ward-2(2), Cuttack Fakirpada, Cuttack-754100 Pan No. :Aasas 9915 R (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Pradeep Kumar Pattnaik, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/12/2023 घोषणा की तारीख/Date Of Pronouncement : 07/12/2023 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 10.08.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1055034411(1) For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld Ar That The Assessee Is A Society Registered U/S.12A Of The Act. It Was The Further Submission That Form 10B Was Filed Belatedly. It Was The Submission That When The Return Of Income Was Filed By The Assessee, The Same Was Processed By Issuance Of Intimation U/S.143(1) Of The Act, Wherein The Entire Expenditure Claimed By The Assessee Was Disallowed By Raising A Demand Of Rs.5,89,164/-. On Appeal, The Ld. Cit(A) Upheld The Adjustment Done By The Ld. Ao On Account Of Belatedly Filing Of Form 10B By The Assessee. Consequently, The Ld. Cit(A) Dismissed The Appeal Of The Assessee. It Was The Submission That The Assessee Has Not Received Any Show Cause Notice

For Appellant: Shri Pradeep Kumar Pattnaik, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 11Section 12ASection 139Section 143(1)

received any show cause notice 2 before issuance of intimation u/s.143(1) of the Act, which was not permissible under the provisions of Section 143(1) of the Act. It was the prayer that the intimation issued u/s.143(1) of the Act may kindly be annulled and the appeal ... issued u/s.143(1) of the Act by the AO, clearly shows that the same has been issued in violation of the proviso to Section 143(1) of the Act, insofar 3 as the show cause notice as required under the proviso to Section 143(1