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)

Addl.CIT, Special Range- 9, New Delhi vs. Vlcc Health Care Ltd., New Delhi

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

ITA 4414/DEL/2017[2009-10]Status: DisposedITAT Delhi09 Oct 2024AY 2009-10

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekaddl.Cit, Special Range 9, Vs. Vlcc Health Care Ltd., New Delhi. M – 14, Commercial Complex, Greater Kailash Part Ii, New Delhi - 110 048. (Pan : Aaacc4808P) (Appellant) (Respondent) Assessee By : Shri Vinod Kumar Bindal, Ca Ms. Rinky Sharma, Advocate Revenue By : Shri Vivek K. Upadhyay, Sr. Dr Date Of Hearing : 27.08.2024 Date Of Order : 09.10.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-33, New Delhi [“Ld. Cit(A)”, For Short] Dated 08.11.2016 For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 29.09.2009 For The Ay 2009-10 Declaring An Income Of Rs.14,34,56,042. The Case Was Processed Under Section 143(1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Case Was Selected For Scrutiny & Notices U/S 2 143(2) & 142 (1) Along With Questionnaire Were Issued & Served On The Assessee. In Response, Ld. Ar Of The Assessee Attended From Time To Time & Filed The Relevant Information As Called For. 3. Assessee Is Engaged In The Business Of Slimming & Beauty Services. The Assessee Has Not Disclosed Any Other Source Of Income During The Year. During Assessment Proceedings, Ao Observed That The Assessee Is Carrying Substantial Credit Balances As Current Liabilities Under The Head ‘Advance From Customers’. The Assessee Was Asked To Explain Along With Supporting Documents. Assessee Vide Its Letter Dated 22.11.2011 Submitted As Under :-

For Appellant: Shri Vinod Kumar Bindal, CAFor Respondent: Shri Vivek K. Upadhyay, Sr. DR
Section 143(1)Section 2Section 29