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)

Ask Chemicals India Private Limited, Pune vs. Deputy Commissioner of Income Tax, Circle-1(1), Pune

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

ITA 479/PUN/2023[2019-20]Status: PendingITAT Pune10 Jul 2023AY 2019-20

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.479/Pun/2023 िनधा"रण वष" / Assessment Year : 2019-20 Ask Chemicals India Private Vs. Dcit, Circle-1(1), Pune. Limited, 305-311, 3Rd Floor, Century Arcade, Narangibaug Road, Pune- 411001. Pan : Aacca0713D Appellant Respondent Assessee By : Shri Kishor Phadke Revenue By : Shri Rajesh Gawali Date Of Hearing : 20.06.2023 Date Of Pronouncement : 10.07.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 24.02.2023 For The Assessment Year 2019-20. 2. Briefly, The Facts Of The Case Are That The Appellant Had Filed Return Of Income For The Assessment Year 2019-20 On 29.11.2019. 2 Against The Said Return Of Income, An Intimation U/S 143(1) Of The Income Tax Act, 1961 (‘The Act’) Was Received By The Appellant. The Intimation Dated 01.05.2020, Wherein, The Prima-Facie Adjustment Of Gratuity Payment Of Rs.6,36,570/- & Esi Amount Of Rs.3,056/- Was Disallowed. Against The Said Intimation, An Appeal Was Filed Before The Nfac, Who Vide Impugned Order Dismissed The Appeal In Limine For Non-Prosecution Without Going Into The Merits Of The Adjustments. 3. Being Aggrieved, The Appellant Is In Appeal Before This Tribunal In The Present Case. 4. I Heard The Rival Submissions & Perused The Material On Record. On Perusal Of The Impugned Order, It Would Be Clear That The Nfac Had Dismissed The Appeal In Limine For Non-Prosecution. Now, The Law Is Settled To The Extent That The Commissioner Of Income Tax (Appeals) Is Bound To Dispose Of The Appeal On Merits Even In The Case Of Ex-Parte Orders. The Settled Positions Of Law Mandates The Commissioner Of Income Tax (Appeals) To Dispose Of The Appeal By Adjudicating The Issue Raised In Appeal On Merits. In The Circumstances, I Am Of The Considered Opinion That The Nfac

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Rajesh Gawali
Section 143(1)

M/S. Shaildeep Engineering P. Ltd., Rajkot vs. The DCIT, CPC, Bangalore

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

ITA 85/RJT/2023[2019-20]Status: HeardITAT Rajkot07 Jul 2023AY 2019-20

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year :2019-20 Shaildeep Engineering P.Ltd. Vs. Adit, Cpc C-1/38, Gidc, Aji Industrial Delhi. Estate, Phase-1, Rajkot Sanosara B.O.,Jaliya Rajkot 360 003. Pan : Aaecs 9245 E अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : Shri Akash Goda, Ld.Ar Revenue By : Shri B.D. Gupta, Ld.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 04/07/2023 घोषणा क" तार"ख /Date Of Pronouncement: 07/07/2023 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Passed By The Ld.Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi Under Section 250(6) Of The Income Tax Act, 1961 ("The Act" For Short) Dated 27.12.201 Pertaining To The Asst.Year 2019-20. 2. As Transpires From Orders Of The Authority Below, The Grievance Of The Assessee Is Vis-À-Vis Adjustment Made To The Income Of The Assessee In The Intimation Made Under Section 143(1) Of The Act By Way Of Disallowance Of Deduction Claimed Under Section 80Jja Of The Act Amounting To Rs.2,02,500/- & Disallowance Of Employees’ 2 Contribution To Esi & Pf In Terms Of Section 36(1)(Va) Amounting To Rs.2,81,444/-. The Reasons For Disallowance Of Deduction Under Section 80Jja Being Non-Filing Of Necessary Audit Report In Form No.10Da Along With Return Of Income & That For Disallowance Of Employees’ Contribution To Esi & Pf Being Late Deposit Of The Same With The Requisite Funds.

For Appellant: Shri Akash Goda, Ld.ARFor Respondent: Shri B.D. Gupta, ld.Sr.DR
Section 11Section 143(1)Section 250(6)Section 36(1)(va)Section 80J