Section 143(1) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(1) falls under section 143 of the Income-tax Act, 1961, which corresponds to section 270 (Assessment) of the Income-tax Act, 2025.

Read section 270 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 143(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 12,311 judgments on BharatTax that turn on this section.

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.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society
392 ITR 74 · 2017 · High Court
762
citing judgments

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

Judgments on Section 143(1)

Manoj Singh, Howrah vs. ITO, Ward 40(1), Kolkata

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 830/KOL/2025[2020-2021]Status: DisposedITAT Kolkata23 Jul 2025AY 2020-2021

Bench: Shri George Mathanआयकर अपील सं/Ita Nos.829-832/Kol/2025 (नििाारण वर्ा / Assessment Year :2019-2020 To 2022-2023) Manoj Singh, Vs Ito, Ward-40 (1), Kolkata 406/1, G. T.Road (South) Howrah, West Bengal-711103 Pan No. : Alpps 5330 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Sunil Surana, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri Shankar Naskar, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 23/07/2025 घोषणा की तारीख/Date Of Pronouncement : 23/07/2025 आदेश / O R D E R These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Addl.Jcit(A)-2, Jaipur, Dated 26.03.2025 For The Assessment Year 2019-2020, 2020-2021, 2021-2022 & 2022-2023, Respectively. 2. Shri Sunil Surana, Ld.Ar Appeared On Behalf Of The Assessee & Shri Shankar Naskar, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. During The Course Of Hearing, It Was Submitted By The Ld. Ar That The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Without Condoning The Delay. It Was The Submission That The Assessee Was Pursuing Alternative Remedy By Filing Rectification Application U/S.154 Of The Act Before The Ao & The Same Has Not Been Disposed Off By The Ld.Ao, Therefore, The Assessee Could Not File The Appeals Before The Ld. Cit(A) Within The Prescribed Time Limit. It Was The Submission That During The Pendency Of The Rectification Application The Assessee Opted To File Appeals Against The 2

For Respondent: Shri Shankar Naskar, Sr. DR
Section 143(1)Section 154

Manoj Singh, Howrah vs. ITO, Ward 40(1), Kolkata

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 829/KOL/2025[2019-2020]Status: DisposedITAT Kolkata23 Jul 2025AY 2019-2020

Bench: Shri George Mathanआयकर अपील सं/Ita Nos.829-832/Kol/2025 (नििाारण वर्ा / Assessment Year :2019-2020 To 2022-2023) Manoj Singh, Vs Ito, Ward-40 (1), Kolkata 406/1, G. T.Road (South) Howrah, West Bengal-711103 Pan No. : Alpps 5330 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Sunil Surana, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri Shankar Naskar, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 23/07/2025 घोषणा की तारीख/Date Of Pronouncement : 23/07/2025 आदेश / O R D E R These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Addl.Jcit(A)-2, Jaipur, Dated 26.03.2025 For The Assessment Year 2019-2020, 2020-2021, 2021-2022 & 2022-2023, Respectively. 2. Shri Sunil Surana, Ld.Ar Appeared On Behalf Of The Assessee & Shri Shankar Naskar, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. During The Course Of Hearing, It Was Submitted By The Ld. Ar That The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Without Condoning The Delay. It Was The Submission That The Assessee Was Pursuing Alternative Remedy By Filing Rectification Application U/S.154 Of The Act Before The Ao & The Same Has Not Been Disposed Off By The Ld.Ao, Therefore, The Assessee Could Not File The Appeals Before The Ld. Cit(A) Within The Prescribed Time Limit. It Was The Submission That During The Pendency Of The Rectification Application The Assessee Opted To File Appeals Against The 2

For Respondent: Shri Shankar Naskar, Sr. DR
Section 143(1)Section 154

Electromechanical Trading Pvt. Ltd., Fortuna Tower vs. ITO 5(3), Aayakar Bhawan

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

ITA 1066/KOL/2025[2012-13]Status: DisposedITAT Kolkata23 Jul 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1066/Kol/2025 Assessment Year: 2012-13 Electromechanical Trading Pvt. Ltd. …………………....Appellant 23A, Ns Road, 11Th Floor, Room No.53, Kol-1. [Pan: Adcpa8526G] Vs. Ito, Ward-5(3), Kolkata……..……………..………………….…..... Respondent Appearances By: Shri Vijay Kr. Singhal, Fca Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 23, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 27.02.2024 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 358 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2012-13 By Declaring A Total Income Of Rs.50,050/- Which Was Processed Under Section 143(1) Of The Act. Subsequently, The Case Was Selected For Scrutiny & Notice Under

Section 131Section 143(1)Section 144Section 250Section 68

Bharat Hari Gupta, Kolkata, West Bengal vs. DCIT, Kolkata, West Bengal

In the result the appeal filed by the assessee is dismissed as withdrawn

ITA 2688/KOL/2024[2009-10]Status: DisposedITAT Kolkata23 Jul 2025AY 2009-10

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2688/Kol/2024 Assessment Year: 2009-10 Bharat Hari Gupta..……………………..…………………....Appellant 7Ab, Bright Apartments, 7, Brigde Street, Kolkata – 700019. [Pan: Aelpg3307H] Vs. Dcit, Circle-1(1), Kolkata…..……………..………………….…..... Respondent Appearances By: Smt. Lalitha Del, Ar Appeared On Behalf Of The Appellant. Shri Bonnie Debbarma, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 27.11.2024 Passed By The Ld. Commissioner Of Income-Tax (Appeals)-2, Gurugram [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. At The Time Of Hearing, The Learned Ar Submitted That The Assessee Had Filed A Rectification Application Under Section 154 Of The Income-Tax Act, 1961, Before The Assessing Officer. The Said Application Was Disposed Of By Passing An Order Under Section 154 Read With Section 143(1) Of The Act Dated 16.04.2025. As A Result Of The Rectification, The Returned Income Was Accepted & The Refund Has Also Been Credited To The Assessee'S Bank Account. In View Of The Above, The Assessee Has Filed An Application Dated 19.07.2025 Before The Bench Seeking Withdrawal Of The Appeal.

Section 143(1)Section 154Section 250

Kathir Kaman Jewels Pvt. Ltd., Chennai vs. DCIT, Central Circle -3(1), Chennai

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 20/CHNY/2025[2016-17]Status: DisposedITAT Chennai23 Jul 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.17, 18, 19 & 20/Chny/2025 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2015-16 & 2016-17 Kathir Kaman Jewels Pvt. Ltd., Vs. The Deputy Commissioner Of New No. 40 (Old No. 23), Sarojini Income Tax, Street, T. Nagar, Chennai 600 017. Central Circle 3(1) Chennai. [Pan:Aacck4534C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Advocate & Shri H. Yeshwanth Kumar, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 24.06.2025 घोषणा की तारीख /Date Of Pronouncement : 23.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 17.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2011-12, 2012-13, 2015-16 & 2016-17. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To 2

For Appellant: Shri T. Banusekar, Advocate &For Respondent: Shri C.N. Bipin, CIT
Section 132Section 132(4)Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 153C

Kathir Kaman Jewels Pvt. Ltd., Chennai vs. DCIT, Central Circle-3(1), Chennai

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 19/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Jul 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.17, 18, 19 & 20/Chny/2025 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2015-16 & 2016-17 Kathir Kaman Jewels Pvt. Ltd., Vs. The Deputy Commissioner Of New No. 40 (Old No. 23), Sarojini Income Tax, Street, T. Nagar, Chennai 600 017. Central Circle 3(1) Chennai. [Pan:Aacck4534C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Advocate & Shri H. Yeshwanth Kumar, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 24.06.2025 घोषणा की तारीख /Date Of Pronouncement : 23.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 17.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2011-12, 2012-13, 2015-16 & 2016-17. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To 2

For Appellant: Shri T. Banusekar, Advocate &For Respondent: Shri C.N. Bipin, CIT
Section 132Section 132(4)Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 153C

Kathir Kaman Jewels Pvt. Ltd., Chennai vs. DCIT, Central Circle-3(1), Chennai

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 18/CHNY/2025[2012-13]Status: DisposedITAT Chennai23 Jul 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.17, 18, 19 & 20/Chny/2025 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2015-16 & 2016-17 Kathir Kaman Jewels Pvt. Ltd., Vs. The Deputy Commissioner Of New No. 40 (Old No. 23), Sarojini Income Tax, Street, T. Nagar, Chennai 600 017. Central Circle 3(1) Chennai. [Pan:Aacck4534C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Advocate & Shri H. Yeshwanth Kumar, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 24.06.2025 घोषणा की तारीख /Date Of Pronouncement : 23.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 17.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2011-12, 2012-13, 2015-16 & 2016-17. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To 2

For Appellant: Shri T. Banusekar, Advocate &For Respondent: Shri C.N. Bipin, CIT
Section 132Section 132(4)Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 153C

Kathir Kaman Jewels Pvt. Ltd., Chennai vs. DCIT, Central Circle-3(1), Chennai

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 17/CHNY/2025[2011-12]Status: DisposedITAT Chennai23 Jul 2025AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.17, 18, 19 & 20/Chny/2025 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2015-16 & 2016-17 Kathir Kaman Jewels Pvt. Ltd., Vs. The Deputy Commissioner Of New No. 40 (Old No. 23), Sarojini Income Tax, Street, T. Nagar, Chennai 600 017. Central Circle 3(1) Chennai. [Pan:Aacck4534C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Advocate & Shri H. Yeshwanth Kumar, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 24.06.2025 घोषणा की तारीख /Date Of Pronouncement : 23.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 17.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2011-12, 2012-13, 2015-16 & 2016-17. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To 2

For Appellant: Shri T. Banusekar, Advocate &For Respondent: Shri C.N. Bipin, CIT
Section 132Section 132(4)Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 153C

Vindhya Trust, New Delhi vs. Deputy Commissioner of Income Tax, New Delhi

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

ITA 131/DEL/2025[2021-22]Status: DisposedITAT Delhi23 Jul 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanvindhya Trust, Vs. Dcit, Circle 49 (1), B – 60/61, C/O Bajaj Auto Limited, Delhi. Naraina Industrial Estate, Delhi – 110 028. (Pan : Aaatv0303K) (Appellant) (Respondent) Assessee By : Shri Mahender Gohel, Ca Revenue By : Shri Ramesh Chand, Sr. Dr Date Of Hearing : 13.05.2025 Date Of Order : 23.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Addl/Joint Commissioner Of Income-Tax (Appeals) – 3, Hyderabad [Hereinafter Referred To As ‘Ld. Jcit (A)] Dated 12.11.2024 For Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “Ground 1 - Rate Of Tax: The Learned Commissioner Of Income Tax (Appeals) [Cit(A)] Has Erred In Upholding Levy Of Tax At Flat Rate Of30%, Instead Of Normal Slab Rates Applicable In The Case Of The Appellant. The Learned Cit(A) & The Learned Assessing Officer Failed To Appreciate That The Appellant Is An Association Of Persons (Aop)/Charitable Trust Not Claiming Benefits Of Section 11 Of The Act & Is Liable To Pay Tax At The Slab Rates Applicable In The Case Of An Individual, Etc. The Appellant Prays That The Learned Assessing Officer Be Directed To Re-Compute

For Appellant: Shri Mahender Gohel, CAFor Respondent: Shri Ramesh Chand, Sr. DR
Section 11Section 143(1)Section 167BSection 234BSection 234C