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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)

Meenu, Govindpur, Allahabad vs. Income Tax Officer CPC (NFAC, Delhi)

Appeal stands dismissed in- limine on the ground of limitation

ITA 135/ALLD/2025[2017-18]Status: DisposedITAT Allahabad21 Nov 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Meenu V. The Income Tax Officer Mig-23, Govindpur Cpc A-503, Satpushp Apartment Civil Lines, Allahabad Pan:Akfpm3770J (Appellant) (Respondent) Appellant By: Shri S. K. Yogeshwar, Advocate Respondent By: Shri A. K. Singh, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 09.02.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Filed Her Return Of Income For The Year Under Consideration On 05.08.2017, Declaring A Total Income Of Rs.8,30,470/-. The Centralized Processing Centre (Cpc), Bangalore, Vide Intimation Under Section 143(1) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’), Dated 26.03.2019 Assessed The Total Income Of The Assessee At Rs.16,12,650/-.

For Appellant: Shri S. K. Yogeshwar, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 143(1)Section 253(3)Section 253(5)

year under consideration on 05.08.2017, declaring a total income of Rs.8,30,470/-. The Centralized Processing Centre (CPC), Bangalore, vide intimation under section 143(1) of the Income Tax Act, 1961 (hereinafter called “the Act’), dated 26.03.2019 assessed the total income of the assessee at Rs.16,12,650/-. 2.1 Aggrieved

Ram Ratan Singh Pal, Lucknow vs. Assessing Officer, NFAC, Delhi

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 387/LKW/2025[2020-21]Status: DisposedITAT Lucknow21 Nov 2025AY 2020-21

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2020-21 Ram Ratan Singh Pal V. The Assessment Unit 5C/111, Girdhar Kunj Nfac Sector 5, Vrindavan Colony Telibagh, Lucknow (U.P) Tan/Pan:Ahqpp7018N (Appellant) (Respondent) Appellant By: Ms. Gurneet Kaur, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 18.01.2024, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2020-21. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 15.01.2021, Declaring A Total Income Of Rs.2,81,520/- Under The Head Income From Salary. The Return Filed By The Assessee Was Processed Under Section 143(1) Of The Income Tax Act, 1961 & A Refund Of Rs.2,50,510/- Was Created. Subsequently, The Assessee Filed Revised Return Of Income Under Section 139(5) Of The Act On 25.02.2021, Declaring The Same Income Originally Returned, I.E., Rs.2,81,520/-. In The Revised Return Of Income, The Assessee Declared Income From Salary At Rs.2,81,520/- & Income From

For Appellant: Ms. Gurneet Kaur, AdvocateFor Respondent: Shri Amit Kumar, D.R
Section 139(5)Section 143(1)Section 144Section 145(3)Section 270ASection 44A

declaring a total income of Rs.2,81,520/- under the head income from salary. The return filed by the assessee was processed under section 143(1) of the Income Tax Act, 1961 and a refund of Rs.2,50,510/- was created. Subsequently, the assessee filed revised return of income under

Asst. Commissioner of Income Tax, Central Circle-2, Nashik vs. Madanlal Lalchand Jain, Nandurbar

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

ITA 1572/PUN/2025[2021-22]Status: DisposedITAT Pune21 Nov 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA

Madanlal Lalchand Jain, Nandurbar vs. ACIT Central Circle 2, Nashik

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

ITA 1404/PUN/2025[2022-23]Status: DisposedITAT Pune21 Nov 2025AY 2022-23

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA

Madanlal Lalchand Jain, Nandurbar vs. ACIT Central Circle 2, Nashik

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

ITA 1403/PUN/2025[2021-22]Status: DisposedITAT Pune21 Nov 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA

Takdah Lingding G P S K U S Limited, Takdah, Darjeeling vs. I.T.O., Ward - 3(3), Darjeeling

In the result, the appeal of the assessee is allowed

ITA 753/KOL/2025[2018-2019]Status: DisposedITAT Kolkata21 Nov 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumartakdah Lingding Gpskus Ltd, Vs Ito, Ward-3(3), Darjeeling 1, Takdah, Village-Takdah, Darjeeling, West Bengal-734222 Pan No. : Aadat 6301 M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Ms. Promita Majumdar, Ar राज"व क" ओर से /Revenue By : Shri S.B.Chakrabrthy, Addl.Cit-Sr.Dr सुनवाई क" तार"ख / Date Of Hearing : 13/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Addl/Jcit(A)-4, Chennai, Dated 24.02.2025 Passed For Assessment Year 2018-2019. 2. The Only Issue In The Present Appeal Is With Regard To Disallowance Of Deduction Claimed U/S.80P Of The Act. 3. Ld. Ar Submitted That The Assessee Is A Cooperative Society Registered Under The West Bengal Cooperative Societies Act. The Assessee Had Filed Its Return Of Income For The Impugned Assessment Year On 05.10.2018 Declaring Nill Income & Claimed Deduction U/S.80P Of The Act To An Extent Of Rs.13,58,174/-. It Was The Submission That The Return Of Income Filed By The Assessee Was Processed & Intimation U/S.143(1) Of The Act Was Issued Without Granting The Assessee Benefit Of Deduction U/S.80P Of The Act. Ld. Ar Further Submitted That The Ld. Addl/Jcit(A) Failed To Appreciate That The Due Date Of Filing Of The Return U/S.13(1) Of The Act For 2

For Appellant: Ms. Promita Majumdar, ARFor Respondent: Shri S.B.Chakrabrthy, Addl.CIT-Sr.DR
Section 119Section 13(1)Section 143(1)Section 80PSection 850P

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI DUVVURU RL REDDY, VICE PRESIDENT AND SHRI RAJESH KUMAR

Agarwal Maheswari & Co., Kolkata vs. I.T.O., Ward - 22(2), Kolkata

In the result, appeal of the assessee is partly allowed for statistical

ITA 1753/KOL/2025[2020-2021]Status: DisposedITAT Kolkata21 Nov 2025AY 2020-2021

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1753/Kol/2025 ("नधा"रण वष" / Assessment Year : 2020-2021) Agarwal Maheswari & Co, Vs Ito Ward-22(2), Kolkata 5Th Floor, Room No.504, 6 Waterloo Street, Dalhousie, Kolkata-700069 Pan No. :Aadfa 8690 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Ms. Vijeta Untwalia Agarwal, Ca राज"व क" ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 18/11/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Add/Jcit(A), Ranchi, Dated 13.06.2025 Passed For Assessment Year 2020-2021. 2. Ld. Ar Submitted That The Intimation Issued U/S.143(1) Of The Act Has Been Issued Making Adjustment Without Issuing An Intimation To The Assessee Either Communicated Or Through Electronic Means. It Was The Submission That The Intimation Issued U/S.143(1) Of The Act Is Liable To Be Quashed. 3. On The Other Hand, Ld. Sr.Dr Submitted That He Has No Objection If The Issues In This Appeal Be Restored To The File Of Ld.Ao For Readjudication. 4. I Have Considered The Rival Submissions. As It Is Noticed That The Assessee Has Not Been Heard Nor Any Show Cause Has Been Issued To The Assessee Before Issuing The Intimation U/S.143(1), I Am Of The View That The Issue In This Appeal Must Be Restored To The File Of Ld. Ao For 2 Readjudication Afresh & I Do So. Needless To Say, The Assessee Shall Be Afforded Sufficient Opportunity Of Hearing. At The Same Breath, I Also Hereby Caution The Assessee To Promptly Co-Operate With The Proceedings

For Appellant: Ms. Vijeta Untwalia Agarwal, CAFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 143(1)

आयकर अपील"य अ"धकरण, ‘एसएमसी’ "यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, KOLKATA BEFORE SHRI DUVVURU

Sri Dilip Kumar Ghosh, Kolkata vs. DCIT, Central Circle 4(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 1361/KOL/2025[2021-2022]Status: DisposedITAT Kolkata21 Nov 2025AY 2021-2022

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1361/Kol/2025 ("नधा"रण वष" / Assessment Year : 2021-2022) Sri Dilip Kumar Ghosh, Vs Dcit, Central Circle-4(3), Kolkata C/O M/S Salarpuria Jajodia & Co 7, Cr.Avenue, 3Rd Floor, Kolkata West Bengal-700072 Pan No. :Adrpg 5357 Q (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Sujay Sen, Advocate राज"व क" ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Cit(A), Kolkata-27, Dated 05.03.2025 Passed For Assessment Year 2021-2022. 2. The Appeal Of The Assessee Is Delayed By 24 Days. Though The Assessee Has Not Filed Any Condonation Application Nor Any Affidavit, However, Looking To The Facts Of The Case & The Issue Involved Therein, I Am Of The View That The Delay In Filing The Appeal Deserves To Be Condoned, Which Has Also Not Been Objected By The Ld. Sr. Dr. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Hearing. 3. The Sole Issue Involved In The Appeal Of The Assessee Is With Regard To Addition Made By The Ao & Confirmed By The Ld. Cit(A) On Account Of Alleged Undisclosed Jewellery. 4. Facts In Brief Are That Are That The Assessee Had Filed Original Return Of Income U/S 139 Of The Income Tax Act, 1961 For The Relevant

For Appellant: Shri Sujay Sen, AdvocateFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 132Section 139Section 142Section 143(1)Section 143(2)Section 143(3)Section 69B

आयकर अपील"य अ"धकरण, ‘एसएमसी’ "यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, KOLKATA BEFORE SHRI DUVVURU