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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. IV Sanctum, Bengaluru vs. Additional Director of Income Tax, CPC, Bengaluru

In the result, appeal of the assessee is dismissed

ITA 986/BANG/2022[2019-20]Status: DisposedITAT Bangalore24 Nov 2022AY 2019-20

Bench: Shri N. V. Vasudevanassessment Year : 2019-20 M/S. Iv Sanctum, Vs. The Assistant Director Of Income Tax, #18/19, 4Th Cross, 5Th Main, Cpc, Gandhinagar, Bengaluru. Bengaluru – 560 009. Pan : Aawfm 3697 H Appellant Respondent Assessee By : Ms. Sunaina Bhatia, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Nfac, Delhi, Dated 29.09.2022, Relating To Assessment Year 2019-20. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Making A Disallowance On Delayed Payment Of Employee’S Contribution To Esi & Pf Of Rs.4,94,192/- Made By The Assessee Beyond The Due Date By Invoking The Provisions Of Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. On The Above Issue, It Is Not Disputed That As Per The Decision Of The Hon’Ble Supreme Court Rendered In The Case Of Checkmate Services Pvt Ltd Vs Cit-1 In Civil Appeal 2833/2016 Vide Its Judgment Dated 12 October 2022 Decided The Issue On Allowability/Treatment Of ‘Delayed’ Employee Pf Contribution Payment In Hands Of Assessee Under Provisions Page 2 Of 4

For Appellant: Ms. Sunaina Bhatia, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B

whether it was within the powers of the Revenue authorities to make the disallowance while electronically processing the return of income under section 143(1)(a) of the Act. Learned Counsel for the assessee firstly pointed out that as per the proviso to section 143(1 ... made only after due intimation to the assessee. Learned Counsel for the assessee brought to our notice that in the intimation under section 143(1) of the Act, dated 1.5.2020, it has been mentioned that there was a communication sent by email to the assessee before making the impugned disallowance

Nalina Dyave Gowda, Bengaluru vs. Assistant Director of Income Tax, CPC, Bengaluru

In the result, appeal of the assessee is dismissed

ITA 685/BANG/2022[2019-20]Status: DisposedITAT Bangalore24 Nov 2022AY 2019-20

Bench: Shri N. V. Vasudevanassessment Year : 2019-20 Ms. Nalina Dyave Gowda, Vs. The Adit, #129/25, Shree Paada, Cpc, Sanjeev Shetty Layout, Bidadi, Bengaluru. Bengaluru – 560 109. Pan : Aqcpn 0102 A Appellant Respondent Assessee By : Ms. Sunaina Bhatia, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Against The Order Dated 29.06.2022 Of Nfac, Delhi, Relating To Assessment Year 2019-20. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Making A Disallowance On Delayed Payment Of Employee’S Contribution To Esi & Pf Of Rs.14,58,631/- Made By The Assessee Beyond The Due Date By Invoking The Provisions Of Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. On The Above Issue, It Is Not Disputed That As Per The Decision Of The Hon’Ble Supreme Court Rendered In The Case Of Checkmate Services Pvt Ltd Vs Cit-1 In Civil Appeal 2833/2016 Vide Its Judgment Dated 12 October 2022 Decided The Issue On Page 2 Of 6

For Appellant: Ms. Sunaina Bhatia, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B

whether it was within the powers of the Revenue authorities to make the disallowance while electronically processing the return of income under section 143(1)(a) of the Act. Learned Counsel for the assessee firstly pointed out that as per the proviso to section 143(1 ... after due intimation to the assessee. Learned Counsel for the assessee brought to our notice that in page 6 of the intimation under section 143(1) of the Act, dated 14.12.2020, it has Page 3 of 6 been mentioned that there was a communication dated 17.11.2020 sent by email

DCIT, Corporate Cirlce - 3 (2), Chennai vs. M/S. Venture Lighting India Ltd., Chennai

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

ITA 704/CHNY/2020[2008-09]Status: DisposedITAT Chennai18 Nov 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.704/Chny/2020 िनधा"रण वष"/Assessment Year: 2008-09 The Deputy Commissioner Of Vs. M/S. Venture Lighting India Ltd., Income Tax, Plot No. A-30, D-5, Phase Ii, Corporate Circle – 3(2), Zone-B, Mepz, Tambaram, Chennai – 600 034. Chennai 600 045. [Pan: Aaaca9284H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 19.10.2022 घोषणा की तारीख /Date Of Pronouncement : 18.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-7, Chennai, Dated 09.03.2020 For The Assessment Year 2008-09. 2. The Appeal Filed By The Revenue Is Delayed By 78 Days In Filing The Appeal Due To Outbreak Of Covid-19 Pandemic & Hence, The Delay In Filing The Appeal Is Condoned & Admitted The Appeal For 2

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri S. Sridhar, Advocate
Section 143(2)Section 143(3)Section 147Section 148Section 234C

events that have transpired in this case. The Assessee filed a return of income pursuant to which, an intimation dated 01.12.1998 under section 143(1) (a) of the Act was issued. The provisions of Section 143(2) require that if the Assessing Officer considered it necessary or expedient to ensure ... income from assessment. Reasons must have a link with the formation of the belief.’ 12. If the Assessing Officer, after issuing intimation u/s. section 143(1) does not to issue a notice u/s.143(2) of the Act to initiate proceedings for scrutiny of the return of income, the obvious conclusion

Smt. Krishnaiah Ranganayaki, Cuddalore vs. ITO, Ward - 1, Cuddalore

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

ITA 618/CHNY/2020[2011-12]Status: DisposedITAT Chennai18 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 618/Chny/2020 िनधा"रण वष"/Assessment Year:2011-12 Smt. Krishnaiah Ranganayaki, Vs. The Income Tax Officer, No. 17, Seetharam Nagar, Ward 1, Cuddalore 607 001. Cuddalore. [Pan:Aewpr9630P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Prabhakar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 09.11.2022 घोषणा की तारीख /Date Of Pronouncement : 18.11.2022 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), Puducherry, Dated 20.02.2020 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Delayed By 37 Days In Filing The Appeal Due To Outbreak Of Covid-19 Pandemic & Accordingly, The Delay In Filing The Appeal Is Condoned & Admitted For Adjudication.

For Appellant: Shri J. Prabhakar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(1)Section 143(3)Section 148Section 54Section 54F

Income Tax Act, 1961[“Act” in short] in her return of the income. 4. The return filed by the assessee was processed under section 143(1) of the Act and subsequently, the Assessing Officer issued a notice under section 148 of the Act dated 21.03.2018 for reopening of assessment ... available on record and gone through the orders of authorities below. In this case, the return filed by the assessee was processed under section 143(1) of the Act and subsequently, the case was reopened for the following reasons: “During the F.Y. 2010-11, the assessee along with

Pooja Dharamvir Thakur, Mumbai vs. ITO 24(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1901/MUM/2021[2016-17]Status: DisposedITAT Mumbai18 Nov 2022AY 2016-17

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1901/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2016-17) Pooja Dharamvir Thakur बिधम/ Ito-24(3)(3) Pooja Dharamvir Thakur, 701 Piramal Chambers Vs. 32, Wing 1B, Winderemere Lalbaug, Parel, Mumbai- Oshiwara New Link Road, 400012. Near Green Park Andheri. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adfpt6305H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rajesh Sanghvi Revenue By: Shri Ganesh Bare (Dr) सुनवाई की तारीख / Date Of Hearing: 06/10/2022 घोषणा की तारीख /Date Of Pronouncement: 18/11/2022 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)-49, Mumbai Dated 28.06.2021 For The Assessment Year 2016-17. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) To Have Confirmed The Addition Of Rs.11 Lakhs U/S 69A Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Rajesh SanghviFor Respondent: Shri Ganesh Bare (DR)
Section 132(1)Section 143(1)Section 153CSection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN, AM AND SHRI ABY T. VARKEY