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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)

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

fortiori". 10 For the assessment year 2000-01, the assessee-company filed a return of loss which was processed under section 143(1) accepting the loss. Subsequently, based on a letter from the Director of Income-tax (Investigation) regarding entry operators/ accommodation providers, informing the Assessing Officer that there were

Vijayshree Food Products P.Ltd, New Delhi vs. ACIT, Central Circle-30, New Delhi

In the result, both these appeals are partly allowed

ITA 587/DEL/2019[2014-15]Status: DisposedITAT Delhi06 Dec 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Vijayshree Food Products P. Ltd., Vs. Acit, C/O Ravi Gupta, Advocate, Central Circle-30, E-6A, Kailash Colony, New Delhi. New Delhi. Pan: Aaccv4721C (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Prakash Dubey, Sr.Dr Date Of Hearing : 09.09.2021 Date Of Pronouncement : 06.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th December, 2018 Of The Cit(A)-30, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Export Of Tobacco Products. It Filed Its Return Of Income On 30Th September, 2014 Declaring The Loss Of Rs.18,78,467/-. The Return Was Processed U/S 143(1) Of The Act On 26Th November, 2014 At The Returned Income. Subsequently, The Ao Reopened The Assessment As Per The Provisions Of Section 147 Of The Act By Recording The Following Reasons:-

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Prakash Dubey, Sr.DR
Section 131Section 131(1)(d)Section 132Section 132(4)Section 143(1)Section 147Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER

Maxx Solutions, Gurgaon vs. CPC, Bengaluru

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

ITA 1032/DEL/2021[2019-20]Status: DisposedITAT Delhi29 Nov 2021AY 2019-20

Bench: Shri R.K. Pandaassessment Year: 2019-20 Maxx Solutions, Vs. Cpc, 958-960, Tower Bi, Bengaluru. 9Th Floor, Sapaze It Park, Sohna Road, Sector-49, Gurgaon. Pan: Aavfm7455N (Appellant) (Respondent) Assessee By : Shri Ashish Agarwal, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 15.11.2021 Date Of Pronouncement : 29.11.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22Nd July, 2021 Of The National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 26Th October, 2019 Declaring Total Income At Rs.18,50,524/-. The Return Was Processed By The Cpc, Bangalore U/S 143(1) Of The Act On 06.03.2020 Wherein Disallowance Of Rs.5,78,203/- Was Made As Per Provisions Of Section 36(1)(Va) On Account Of Delayed Payment Of Employees’ Contribution To Pf & Esi. In Appeal, The Ld.Cit(A), Relying On Various Decisions, Upheld The Action Of The Ao. 3. Aggrieved With Such Order Of The Cit(A), The Assessee Is In Appeal Before The Tribunal By Raising The Following Grounds:- “ The Ld. Cit(A) Was Wrong In Confirming Addition Of Rs.5,78,203/- U/S 36(1)(Va) Of The It Act, 1961 Without Any Base.”

For Appellant: Shri Ashish Agarwal, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)Section 36(1)(va)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT

Sunil Prakash, Faridabad vs. DCIT CPC, Bengaluru

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

ITA 727/DEL/2021[2018-19]Status: DisposedITAT Delhi24 Nov 2021AY 2018-19

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2018-19 Sunil Prakash, Vs. Dcit, C/O Rra Taxindia, Cpc, D-28, South Extension Part-1, Bengaluru. New Delhi. Pan: Afvpp5777K (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta & Shri Somil Aggarwal, Advocates Revenue By : Shri Prakash Dubey, Sr.Dr Date Of Hearing : 23.09.2021 Date Of Pronouncement : 24.11.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25Th May, 2021 Of The National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2018-19. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Engaged In The Business Of Manufacturing Of Diesel Generating Set & Also Is A Contractor. He Filed His Return Of Income On 30.11.2018 Declaring An Income Of Rs.6,97,72,959/-. The Cpc, Bangalore, Issued Intimation U/S 143(1) Of The Act On 15Th December, 2019 Making An Addition Of Rs.1,43,36,615/- For Late Deposit Of Employees’ Contribution To Pf & Esi. In Appeal, The Ld.Cit(A) Upheld The Action Of The Ao On The Ground That Although The Payment Has Been Made Before Due Date Of Filing Of The Return, But, Same Has Not Been Deposited Within The Due Date Prescribed Under The Respective Acts.

For Appellant: Dr. Rakesh Gupta &For Respondent: Shri Prakash Dubey, Sr.DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER

Robin Singh Chauhan, New Delhi vs. ACIT, Circle- 29(1), New Delhi

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

ITA 7074/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Nov 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-13 Robin Singh Chauhan, Vs Acit, 100/1, Gautam Nagar, Circle-29(1), New Delhi. New Delhi. Pan: Aaepc9857F (Appellant) (Respondent) Assessee By : Smt. Rano Jain, Advocate & Shri Venkatesh Chaurasia, Ca Revenue By : Shri Atiq Ahmed, Sr. Dr Date Of Hearing : 28.10.2021 Date Of Pronouncement : 18.11.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th September, 2017 Of The Cit(A)-10, New Delhi, Relating To Assessment Years 2012- 13. 2. Facts Of The Case, In Brief, In Brief Are That The Assessee Is An Individual & Derives Income From Long-Term Capital Gain & Other Sources. He Filed His Return Of Income On 28Th July, 2012 Declaring The Total Income At Rs2,61,98,009/- Which Was Processed U/S 143(1). Subsequently, The Case Was Selected For Compulsory Scrutiny Under Cass. During The Course Of Assessment Proceedings, The Ao Noted That The Assessee Has Shown An Income Of Rs.2,46,33,865/- Under The Head ‘Long- Term Capital Gain.’ The Assessee Has Claimed Deduction U/S 54 Of The Act For An Amount Of Rs.2,05,71,400/- On Account Of Investment In Two Properties. The Calculation Of The Cost Of Acquisition Of The New Property As Submitted By The Assessee & Reproduced By The Ao Is As Under:-

For Appellant: Smt. Rano Jain, Advocate &For Respondent: Shri Atiq Ahmed, Sr. DR
Section 143(1)Section 54

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP