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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)

Saroj Kumar Sahoo, Angul vs. ITO, Ward-1, Rourkela

In the result, appeal of the assessee is dismissed

ITA 598/CTK/2025[2011-12]Status: DisposedITAT Cuttack03 Dec 2025AY 2011-12

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.598/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2011-2012) Saroj Kumar Sahoo, Vs Ito, Ward-1, Rourkela Geetagram Geeta Gram, Ptc, Angul, Odisha-759123 Pan No. : Alaps 4943 F (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri K.C.Jena, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 03/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Addl/Jcit(A)-13, Mumbai, Dated 03.09.2025 For The Assessment Year 2011-2012. 2. It Was Submitted By The Ld. Ar That The Assessee Has Filed An Appeal Before The Ld. Cit(A) Against A Letter Issued By The Ao Mentioning Outstanding Demand Notice. It Was The Submission That The Ld. Cit(A) Dismissed The Appeal Of The Assessee On The Ground That The Appeal Has Not Been Filed Against An Assessment Order Or An Intimation U/S.143(1) Of The Act But Against A Demand Letter. It Was The Submission That The Hearing Notice Had Been Given To The Assessee And, Therefore, It Should Be Presumed That The Appeal Has Been Admitted.

For Appellant: Shri K.C.Jena, ARFor Respondent: Shri Vijay Singh, Sr. DR
Section 143(1)Section 250

आयकर अपील"य अ"धकरण, कटक "यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK (THROUGH VIRTUAL HEARING

Proton Positive Health Care India Private Limited, Hyderabad vs. ACIT., Circle -16(2), Hyderabad

In the result, the appeal filed by the assessee company is allowed in terms of our aforesaid observations

ITA 812/HYD/2025[2016-17]Status: DisposedITAT Hyderabad03 Dec 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.812/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Proton Positive Health Vs. Assistant Commissioner Care India Private Limited, Of Income Tax, Hyderabad. Circle-16(2), Pan: Aafcp6862K Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V. Prasad, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Date Of 03/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals) (For Short, “Cit(A)”) Dated 07/03/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 271(1)(C) Of The Income-Tax Act, 1961 (For Short, “Act”) Dated 28/06/2019 For Ay 2016-17. The Assessee Has Assailed The Impugned Order Passed By The Cit(A) On The Following Grounds Of Appeal Before Us:

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 143(1)Section 271(1)Section 271(1)(c)Section 56(2)(viib)

16/10/2016, declaring an income of Rs. NIL. Thereafter, the income of the assessee company was processed as such under section 143(1) of the Act. Subsequently, the case of the assessee company was selected for “limited scrutiny” for verifying, viz., (i) large scale increase in sundry creditors and reduction

Narayan Das Damani, Kolkata vs. ITO, Ward 44(1), Kolkata

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

ITA 2185/KOL/2025[2019-2020]Status: DisposedITAT Kolkata03 Dec 2025AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2185/Kol/2025 Assessment Year: 2019-20 Narayan Das Damani.……….…………………....…………………....Appellant C/O Subash Agarwal & Associates, 1, Gibson Lane, Suite 213, 2Nd Floor, Kol-69.. [Pan: Agxpd4817F] Vs. Ito, Ward-44(1), Kolkata..……………....…..………………….…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Pampa Ray, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 01, 2025 Date Of Pronouncing The Order : December 03, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre (Hereinafter Referred To As “Ld. Cit(A)”) Dated 25.07.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Runs Proprietary Concern M/S Oriental Industries As Dealer Of Wires & Cables. During The Year Ended 31.03.2019 The Appellant Submitted Return Of Income Showing Total Income 368070 Which Was Accepted Under Sec 143(1) Vide Order Dated 21.02.20. A Return Was Also Filed On 06.09.23 & The Assessing Authority Had Information That M/S Aerocom Trade Exim Was Found Indulging In Issuance Of Fraudulent Gst Bills The Appellant Has

Section 250Section 69ASection 69C

IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant