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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)

Wonder Laminates Pvt. Ltd., Kolkata vs. PCIT-5, Kolkata

In the result, appeal of the assessee is allowed

ITA 316/KOL/2022[2010-11]Status: DisposedITAT Kolkata16 Dec 2022AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarmai.T.A. No. 316/Kol/2022 Assessment Year: 2010-11 Wonder Laminates Pvt. Ltd. Pr. Commissioner Of Income Tax-5, C/O. Subash Agrawal & Vs Kolkata Associates, Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata – 700069 [Pan : Aaacw2197D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 21/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 16 /12/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax – 5, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 30/06/2020, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2010-11. 2. Though The Registry Has Pointed Out That The Appeal Is Time Barred, However, In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of Miscellaneous Application No. 665 Of 2021 In Smw(C) No. 3 Of 2020, The Period Of Filing Appeal During The Covid-19 Pandemic Is To Be Excluded For The Purpose Of Counting The Limitation Period. In View Of This, The Appeal Is Treated As Filed Within The Limitation Period.

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263

। आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE

Narendra Thacker, Mumbai vs. Income Tax Officer-27(2)(4), Mumbai

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

ITA 2490/MUM/2022[2012-13]Status: DisposedITAT Mumbai16 Dec 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2490/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Narendra Thacker बिधम/ Ito-27(2)(4) 303-B Wing Bellona Bldg, Tower No.6, Fourth Floor, Vs. 90 Ft Road, Pant Nagar, Vashi Railway Station Ghatkopar (E), Mumbai- Complex, Vashi, Navi 400075. Mumbai-4000703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpt1799E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 16/12/2022 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 27.07.2022 For The Assessment Year 2012-13. 2. None Appeared For The Assessee. However, On Perusal Of The Grounds Of Appeal Raised By The Assessee, It Is Noted That The Main Grievance Of Assessee Is Against The Action Of The Ao In Not Giving Proper Opportunity Before Making An Addition Of Rs.4,25,000/-.

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar
Section 143(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.2490/Mum/2022

Farida Shoes Private Limited, Chennai vs. ADIT CPC, Bangalore

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

ITA 849/CHNY/2022[2019-2020]Status: DisposedITAT Chennai14 Dec 2022AY 2019-2020

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.849/Chny/2022 िनधा"रण वष"/Assessment Year: 2019-2020 M/S. Farida Shoes Private Limited, Vs. The Assistant/Deputy Commissioner No. 151/4, Mount Poonamallee Road, Of Income Tax, Ramapuram, Chennai 600 089. Corporate Circle 2(1), Chennai [Pan:Aaacf0496Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 10.10.2022 Relevant To The Assessment Year 2019-2020. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2019-20 On 28.11.2019 Declaring Total Income Of ₹.16,50,00,300/-. The Return Filed By The Assessee Was 2

For Appellant: NoneFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

declaring total income of ₹.16,50,00,300/-. The return filed by the assessee was 2 I.T.A. No. 849/Chny/22 processed under section 143(1) of the Income Tax Act, 1961 [“Act”] and intimation was issued on 06.07.2020 by CPC, Bengaluru arriving a total taxable income ... materials available on record and gone through the orders of authorities below. In this case, the CPC, Bengaluru, while processing the return under section 143(1) of the Act, disallowed the delayed remittance of PF contribution. On appeal before the ld. CIT(A) NFAC, the assessee has submitted that