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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)

Meeta Singh, New Delhi vs. ITO, Ward-68(8), New Delhi

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

ITA 1793/DEL/2022[2019-20]Status: DisposedITAT Delhi02 Mar 2023AY 2019-20

Bench: Shri C.M. Gargassessment Year: 2019-20 Meeta Singh, Vs. Ito, C/O Jain & Malhotra, Ward-68(8), 117, Inderprakash Building, New Delhi. Barakhamba Road, Connaught Place, New Delhi – 110 001. Pan: Axops3464K (Appellant) (Respondent) Assessee By : Shri Rajesh Malhotra, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 13.12.2022 Date Of Pronouncement : 02.03.2023 Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2019-20. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case & In Law, The Authorities Below Have Erred In Invoking Section 50C Of The I.T Act Without Following The Proper Procedure Laid Down In The Act. The Action Of The Authorities Below Is Wrong, Illegal, Misconceived & Unjustified Therefore It Should Be Quashed. 2. On The Facts & In The Circumstances Of The Case & In Law, The Authorities Below Have Erred In Confirming The Addition On Account Of Deemed Capital Gain Amounting To Rs.9,50,000/-. The Action Of The Authorities Below Is Wrong, Illegal,' Misconceived & Unjustified Therefore It Should Be Quashed. 3. On The Facts & In The Circumstances Of The Case & In Law, The Authorities Below Have Erred In Enhancing The Interest U/S 234B & 234C Of The Income Tax Act. The Action Of The Authorities Below Is Wrong, Illegal, Misconceived & Unjustified Therefore It Should Be Quashed. The Appellant Craves The Right To Add, Submit, Alter Or Withdraw Any Or All Grounds Of Appeal Before Or On The Date Of Hearing.”

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(1)Section 143(1)(a)Section 234BSection 36(1)(va)Section 43BSection 50C

income was wrongly determined by making unilateral adjustment of controversial nature which did not fall within the ambit of section 143(1)(a) of the Act. 4. Replying to the above, the ld. Sr. DR supported the orders of the authorities below. 2 5. In the present case, as noted ... additions of Rs.29,52,674/- by way of adjustment and intimation u/s 143(1) of Income Tax Act, were beyond the scope of Section 143(1) of Income Tax Act; and further, that the Ld. CIT(A) erred in law in confirming the aforesaid addition on a debatable and controversial