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)

Estate of Late K Mahes Rep by Krishna Mahesh, Chennai vs. DCIT, Non Corp Ward 1(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2422/CHNY/2024[2023-24]Status: DisposedITAT Chennai27 Nov 2024AY 2023-24

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2422/Chny/2024 िनधा"रण वष"/Assessment Year: 2023-24 Estate Of Late K. Mahesh Vs. The Deputy Commissioner Of Rep. By Krishna Mahesh, New No. 81, Income Tax, Old No. 39, First Main Road, Non Corporate Ward 1(2), Rajaannamalaipuram, Chennai. Chennai 600 028. [Pan: Aabae4843K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Vikram Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 20.11.2024 घोषणा की तारीख /Date Of Pronouncement : 27.11.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)/ Addl./Jcit(A)-2, Jaipur, For The Assessment Year 2023-24. 2. The Assessee Raised Sole Issue Of Challenging The Action Of The Ld. Cit(A) In Dismissing The Appeal By Refusing To Condone The Delay Of 14 Days In Filing The Appeal In The Facts & Circumstances Of The Case.

For Appellant: Shri Vikram Vijayaraghavan, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(1)

M.P.Recycling Company Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 4(2)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 4205/MUM/2024[2015-16]Status: FixedITAT Mumbai27 Nov 2024AY 2015-16

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm M. P. Recycling Company Private Asst. Cit, Central Circle 4(2)(1) Mumbai-400 020 Limited Vs. 51-53/A, Mittal Court, Nariman Point, Mumbai-400 021 Pan/Gir No. Aadcm 3153 A (Assessee) : (Respondent) Assessee By : None : Shri R. R. Makwana Respondent By : 17.10.2024 Date Of Hearing Date Of Pronouncement : 27.11.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) (‘Ld.Cit(A) For Short),National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2015-16. 2. As There Was No Representation On Behalf Of The Assessee, We Hereby Dispose Of This Appeal By Hearing The Learned Departmental Representative ('Ld.Dr' For Short) & On Perusal Of The Materials Available On Record. 3. The Assessee Has Raised The Following Grounds Of Appeal: “The Commissioner Of Income-Tax (Appeals) At The National Faceless Appeal Centre (Nfac) (Hereinafter Referred To As The Cit(A)) Erred In Upholding The Action Of The Assistant Commissioner Of Income-Tax, Circle 4(2)(1), Mumbai (Hereinafter Referred To As The Assessing Officer) In Levying The Impugned Penalty Of Rs 2,65,12,070 Under Section 271(1)(C) Of The Act.

For Appellant: NoneFor Respondent: 17.10.2024
Section 143(1)Section 250Section 271(1)(c)Section 274

Money Magnum Constructions, Mumbai vs. Principal Commissioner of Income Tax, Circle- 27, Mumbai

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

ITA 2445/MUM/2024[2014-15]Status: DisposedITAT Mumbai27 Nov 2024AY 2014-15

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Money Magnum Constructions Pr. Cit, Circle-27 Room No. 401, 4Th Floor, Plot No. 157 Samruddhi, 18Th Road, Near Ambedkar Garden, Tower No. 6, Vashi Railway Station, Vs. Chembur (E), Mumbai-400 071 Commercial Complex, Vashi, Navi Mumbai-400 703. Pan/Gir No. Aacfn 9126 C (Assessee) : (Respondent) Assessee By : Shri. Paresh Shaparia : Ms.Sanyogita Nagpal Respondent By : 09.09.2024 Date Of Hearing Date Of Pronouncement : 27.11.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Principal Commissioner Of Income Tax, Pcit, Mumbai-27 (‘Ld. Pcit For Short), Passed U/S.263 Of The Income Tax Act, 1961 (‘The Act'), Relevant To Assessment Year (‘A.Y.’ For Short) 2014-15. 2. The Assessee Has Raised The Following Ground Of Appeal: I. “Order Passed Under Section 263 Is Bad In Law: 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Pr. Cit 27 Erred In Treating The Order Under Section 147 R.W.S 144B Of The Income- Tax Act, 1961 (The Act) Dated 24 March 2022 (Re-Assessment Order) As Erroneous & Prejudicial To The Interest Of The Revenue & Thereby Setting Aside The Order. 2. On The Facts & In The Circumstances Of The Case & In Law, The Learned Pr.Cit 27 Failed To Appreciate The Fact That The Original Assessment Order As Well As Re- Assessment Order Have Duly Considered The Transaction Of Nsel Commodity Loss Of Rs

For Appellant: Shri. Paresh ShapariaFor Respondent: 09.09.2024
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 40A(2)(b)