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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. Charoen Pokphand Seeds (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result the appeal filed by the assessee stands dismissed

ITA 311/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Bijoy Kumar Panda, Cit Revenue By (Dr) Date Of Hearing : 21-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 30.03.2021 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2016-17 On Following Revised Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10Section 10(1)Section 10ASection 143Section 143(3)Section 263Section 35

exemption claimed amounting to Rs.4,65,63,312/-. Page 11 of the paperbook filed before this Tribunal is the notice issued under section 143(1) of the Act, wherein specific Page 7 of 10 query relating to agricultural income of Rs.4,65,63,312/- claimed by assessee as exemption

M/S. Dmg Mori India Private Limited (Formerly Dmg Mori Seiki India Machines and Services Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 11(1), Bangalore

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

ITA 165/BANG/2020[2009-10]Status: DisposedITAT Bangalore29 Apr 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 165/Bang/2020 Assessment Year : 2009-10 M/S. Dmg Mori India Pvt. Ltd. (Formerly Dmg Mori Seiki India Machines & The Deputy Services Pvt. Ltd.), Commissioner Of No. 3/1, 3Rd Main Road, Income Tax, Kiadb, Peenya, 1St Stage, Circle – 11(1), Ward No. 1, Hmt, Vs. Bangalore. Bangalore – 560 058. Pan: Aabcd0003E Appellant Respondent Assessee By : Shri Vikram, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By The Assessee Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For Assessment Year 2009-10 On Following Consolidated Grounds Of Appeal: “1. The Order Of The Cit(Appeals) Is Contrary To Law, Facts & Circumstances Of The Case. 2. Disallowance Under Section 40(A)(I) Of The Act (Rs.2,76,24,000/-) 2.1. Disallowance U/S.40(A)(I) Unwarranted: The Cit(Appeals) Erred In Confirming The Disallowance Of Payments Made To M/S R.S Mail Limited , United Kingdom

For Appellant: Shri Vikram, Advocate
Section 234BSection 271(1)(c)Section 40

total income of ₹ 3,63,56,540/- under the normal provisions of the act. The case was selected for scrutiny and notice under section 143(1) of the Act, was issued to assessee. From the details filed, the Ld.AO observed that, the assessee had international transaction exceeding ₹ 15 crores

Sandeep P. Parikh, Mumbai vs. Pr. CIT -16, Mumbai

In the result, assessee’s appeal stands allowed

ITA 678/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalesandeep P. Parikh Vs. Pr. Cit- 16 B-6, Anand Bhavan, Room No. 437, 4Th Bajaj Road, Vile Parle Floor, Aayakar Bhavan, (W), Mumbai – 400056 Mk Road, Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aajpp8447R Appellant .. Respondent Appellant By : Shri. Pankaj Toprani.Ar Respondent By : Shri Ajay. K. Srivastava.Dr Date Of Hearing 24.03.2022 Date Of Pronouncement 20.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Principle Commissioner Of Income Tax (Pr.Cit)-16, Mumbai Passed U/Sec 263 Of The Act, 1961. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal Before The Hon’Ble Tribunal Due To Covid-19 Pandemic. The Assessee Has Filed An Affidavit For Condonation Of Sandeep P. Parikh, Mumbai. Delay & We Find The Facts Mentioned In The Affidavit Are Reasonable & Acceptable. The Ld.Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal.The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Pankaj Toprani.ARFor Respondent: Shri Ajay. K. Srivastava.DR
Section 143(1)Section 143(2)Section 143(3)Section 263Section 28

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL

DCIT Cent Cir 2(2), Mumbai vs. M/S. Vinati Organics Ltd, Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 1669/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1667 To 1669/Mum/2021 (निर्धारण वर्ा / Assessment Years:2014-15 To 2016-17) Dy. Commissioner Of बिधम/ M/S. Vinati Organics Ltd. 11Th Income Tax Floor, 1102, Parinee Vs. Central Circle-2(2), Old Crescenzo, G Block, Plot Cgo Building, 8Th Floor, M. No.C38/39, Behind Mca, K. Road, Mumbai-400020. Bkc, Bandra East, Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacv6538K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri S. N. Kabra (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 08/03/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -48, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2014-15 To 2016-17. Ita. No.1667/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 26.07.2021 Passed By The Cit(A)-48, Mumbai Relevant To The A.Y. 2014- 15. 3. The Revenue Has Raised The Following Grounds: - “1. Whether The Cit (A) Was Justified Against The Ao’S Action Not Considering The Claim Of Export Incentive Of Rs. ,66,70,644/- By

For Appellant: NoneFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 115JSection 143(1)Section 143(2)

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI AMARJIT SINGH, AM आयकर

DCIT Cent Cir 2(2), Mumbai vs. M/S. Vinati Organics Ltd, Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 1668/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1667 To 1669/Mum/2021 (निर्धारण वर्ा / Assessment Years:2014-15 To 2016-17) Dy. Commissioner Of बिधम/ M/S. Vinati Organics Ltd. 11Th Income Tax Floor, 1102, Parinee Vs. Central Circle-2(2), Old Crescenzo, G Block, Plot Cgo Building, 8Th Floor, M. No.C38/39, Behind Mca, K. Road, Mumbai-400020. Bkc, Bandra East, Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacv6538K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri S. N. Kabra (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 08/03/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -48, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2014-15 To 2016-17. Ita. No.1667/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 26.07.2021 Passed By The Cit(A)-48, Mumbai Relevant To The A.Y. 2014- 15. 3. The Revenue Has Raised The Following Grounds: - “1. Whether The Cit (A) Was Justified Against The Ao’S Action Not Considering The Claim Of Export Incentive Of Rs. ,66,70,644/- By

For Appellant: NoneFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 115JSection 143(1)Section 143(2)

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI AMARJIT SINGH, AM आयकर

DCIT Cent. Cir 2(2), Mumbai vs. M/S. Vinati Organics Ltd, Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 1667/MUM/2021[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1667 To 1669/Mum/2021 (निर्धारण वर्ा / Assessment Years:2014-15 To 2016-17) Dy. Commissioner Of बिधम/ M/S. Vinati Organics Ltd. 11Th Income Tax Floor, 1102, Parinee Vs. Central Circle-2(2), Old Crescenzo, G Block, Plot Cgo Building, 8Th Floor, M. No.C38/39, Behind Mca, K. Road, Mumbai-400020. Bkc, Bandra East, Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacv6538K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri S. N. Kabra (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 08/03/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -48, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2014-15 To 2016-17. Ita. No.1667/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 26.07.2021 Passed By The Cit(A)-48, Mumbai Relevant To The A.Y. 2014- 15. 3. The Revenue Has Raised The Following Grounds: - “1. Whether The Cit (A) Was Justified Against The Ao’S Action Not Considering The Claim Of Export Incentive Of Rs. ,66,70,644/- By

For Appellant: NoneFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 115JSection 143(1)Section 143(2)

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI AMARJIT SINGH, AM आयकर