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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)

M/S Mahalaxmmi International, Mumbai vs. ITO-19 (2)(4), Mumbai

In the result, the appeal filed by the assessee stands partly allowed

ITA 5200/MUM/2019[2011-12]Status: DisposedITAT Mumbai30 Nov 2022AY 2011-12

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 5200/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) M/S Mahalaxmi Nfac, Delhi International, Prop. Nilesh Kishor Mehta, बिधम/ 5, Trimbak Parshuram Street, Vs. 6Th Kumbharwada, Mumbai-400 004 स्थायीलेखासं./जीआइआरसं./ Pan No. Agbpm7983P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Ms. Pooja Chhawachharia, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph, Ld. Dr सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against Impugned Order Dated 23.05.2019, Passed By Ld. Cit(A)-30, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 147 For Ay 2019-20. 2

For Appellant: Ms. Pooja ChhawachhariaFor Respondent: Ms. Neeta Jeph, Ld. DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM आयकरअपीलसं./ I.T.A. No. 5200/Mum/2019 (निर्धारणवर्ा / Assessment

Mittal Park Co-Op Housing Society Ltd, Mumbai vs. Commissioner of Income Tax, (A), Delhi

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 1029/MUM/2022[2012-13]Status: DisposedITAT Mumbai29 Nov 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri Gagan Goyalmittal Park Co-Opp. Housing Society Ltd. 44, Mittal Park, Janardhan Mhatra Marg, Ruiapark, Juhu-Mumbai-400049. Pan: Aaaam2918E ...... Appellant Vs. Commissioner Of Income Tax (Appeals), (National Faceless Appeal Centre), Delhi. ..... Respondent Appellant By : Sh. Manoj Mahimkar Respondent By : Sh. Dilip K. Shah, Sr.Dr Date Of Hearing : 01/09/2022 Date Of Pronouncement : 29/11/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre (For Short ‘Nfac’), Delhi Dated 06.04.2022 Under Section 254 Of The Income Tax Act, 1961 (For Short ‘The Act’) For A.Y. 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Honourable Commissioner Of Income Tax- (Appeal), Nfac, Delhi, [Hon. Cit- (A)] Has Erred On The Fact & In The Circumstances Of The Case & In The Law Declining To Condone The Delay In Filing The Appeal.

For Appellant: Sh. Manoj MahimkarFor Respondent: Sh. Dilip K. Shah, Sr.DR
Section 143(1)Section 143(1)(a)Section 249(2)Section 254Section 80PSection 80P(2)(d)

total income at Rs. Nil after claiming deduction under section 80P(2)(d) of the Act. The return of income was processed under section 143(1) of the Act dated 15.03.2014. 3. As per the intimation, CPC, Bangalore made disallowance under section 80P amounting ... section 249(2) the due date for filing of appeal against the intimation under section 143(1) was 13.04.2014. However assessee filed the appeal only on 29.03.2019 after a period of 1810 days of delay. We have gone through the order of Ld. CIT(A) and the submissions of assessee

M/S Infosys Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 718/BANG/2017[2012-13]Status: DisposedITAT Bangalore28 Nov 2022AY 2012-13

Bench: Shri Chandra Poojaria & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Infosys Ltd., The Assistant Electronic City, Commissioner It(Tp)A No. Hosur Road, Of Income Tax, 2012-13 718/Bang/2017 Bangalore – 560 Circle – 100. 3(1)(1), Pan: Bangalore. Aaaci4798L : Shri Padamchand Khincha, Assessee By Ca : Shri K.V. Arvind & Shri Dilip, Revenue By Standing Counsels For Dept. Date Of Hearing : 15-09-2022 Date Of Pronouncement : 28-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Final Assessment Order Dated 28/02/2017 Passed By The Ld.Acit, Circle – 3(1)(1), Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal: General & Legal Grounds 1. The Order Passed By The Learned Assessing Officer & The Directions Of Hon’Ble Drp To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. Grounds On Denial Of Deduction Claimed Under Section 10Aa In Respect Of 4 Sez Units Viz., Chennai – Unit 1, Chandigarh, Mangalore - Unit 1 & Pune Unit 1 2. The Learned Assessing Officer Has Erred In Denying Deduction Claimed Under Section 10Aa In The Return Of Income Totally Amounting To Rs. 2227,82,65,630 In Respect

Section 10ASection 14ASection 2Section 2(24)Section 40

Jurisdictional High Court in the case of Wipro Ltd v CIT [2016] 382 ITR 179. Interest on IT Refund granted under section 143(1) but subsequently recovered on completion of assessment proceedings is allowable as deduction 58. The learned AO has erred in not allowing deduction for interest ... refund amounting to Rs.1,16,28,374 which was granted in the intimation passed under section 143(1) dated 04.02.2009 for AY 2007-08 but which was subsequently recovered in the order passed under section 143(3) for AY 2007-08 as part of assessed tax. 59. The learned