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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)

Jewels International, Bhubaneswar vs. ITO Exemption Ward, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 81/CTK/2023[2015-16]Status: DisposedITAT Cuttack01 Dec 2023AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.81/Ctk/2023 (ननधाारण वषा / Assessment Year : 2015-2016) Jewels International, Vs Dcit, Bhubaneswar A/3, Rrl Campus, Nayapalli, Bhubaneswar-751013 Pan No. :Aaatj 2593 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : None (Written Submission Filed) राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/12/2023 घोषणा की तारीख/Date Of Pronouncement : 01/12/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 08.02.2023, Passed In Itba/Nfac/S/250/2022-23/1049550046(1), For The Assessment Year 2015-2016. 2. None Appeared On Behalf Of The Assessee, However, Ld. Ar Of The Assessee Has Filed Written Submission, Which Is On Record. Shri Charan Dass, Sr. Dr Appeared On Behalf Of The Revenue. Thus, We Proceeded To Dispose Off The Appeal Of The Assessee After Considering The Arguments Of The Ld. Sr. Dr & The Written Submission Filed By The Ld. Ar Of The Assessee.

For Appellant: None (Written Submission filed)For Respondent: Shri Charan Dass, Sr. DR
Section 143(1)

ld.DR was requested to show the copy of the show cause notice, if any issued in line with the proviso to Section 143(1) of the Act, to which the ld. DR was unable to produce any document. As the intimation u/s.143(1) of the Act has been issued without ... necessary show cause notice as required under the proviso to Section 143(1) of the Act, the intimation issued u/s.143(1) of the Act in the assessment year under consideration stands quashed. 4. In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open court

Jewels International, Bhubaneswar vs. DCIT, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 77/CTK/2023[2016-17]Status: DisposedITAT Cuttack01 Dec 2023AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.77/Ctk/2023 (ननधाारण वषा / Assessment Year : 2016-2017) Jewels International, Vs Dcit, Bhubaneswar A/3, Rrl Campus, Nayapalli, Bhubaneswar-751013 Pan No. :Aaatj 2593 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/12/2023 घोषणा की तारीख/Date Of Pronouncement : 01/12/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 12.12.2022, Passed In Itba/Nfac/S/250/2022-23/1047942924(1), For The Assessment Year 2016-2017. 2. At The Time Of Hearing, It Is Noticed That The Appeal Of The Assessee Is Against The Intimation Issued U/S.143(1) Of The Act By The Cpc. The Ld.Dr Was Requested To Show The Copy Of The Show Cause Notice, If Any Issued In Line With The Proviso To Section 143(1) Of The Act, To Which The Ld. Dr Was Unable To Produce Any Document. As The Intimation U/S.143(1) Of The Act Has Been Issued Without The Necessary Show Cause Notice As Required Under The Proviso To Section 143(1) Of The Act, The Intimation

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Charan Dass, Sr. DR
Section 143(1)

ld.DR was requested to show the copy of the show cause notice, if any issued in line with the proviso to Section 143(1) of the Act, to which the ld. DR was unable to produce any document. As the intimation u/s.143(1) of the Act has been issued without ... necessary show cause notice as required under the proviso to Section 143(1) of the Act, the intimation 2 issued u/s.143(1) of the Act in the assessment year under consideration stand quashed. 3. In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open