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)

Wonder Laminates Pvt. Ltd., Kolkata vs. PCIT-5, Kolkata

In the result, appeal of the assessee is allowed

ITA 316/KOL/2022[2010-11]Status: DisposedITAT Kolkata16 Dec 2022AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarmai.T.A. No. 316/Kol/2022 Assessment Year: 2010-11 Wonder Laminates Pvt. Ltd. Pr. Commissioner Of Income Tax-5, C/O. Subash Agrawal & Vs Kolkata Associates, Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata – 700069 [Pan : Aaacw2197D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 21/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 16 /12/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax – 5, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 30/06/2020, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2010-11. 2. Though The Registry Has Pointed Out That The Appeal Is Time Barred, However, In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of Miscellaneous Application No. 665 Of 2021 In Smw(C) No. 3 Of 2020, The Period Of Filing Appeal During The Covid-19 Pandemic Is To Be Excluded For The Purpose Of Counting The Limitation Period. In View Of This, The Appeal Is Treated As Filed Within The Limitation Period.

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263

Narendra Thacker, Mumbai vs. Income Tax Officer-27(2)(4), Mumbai

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

ITA 2490/MUM/2022[2012-13]Status: DisposedITAT Mumbai16 Dec 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2490/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Narendra Thacker बिधम/ Ito-27(2)(4) 303-B Wing Bellona Bldg, Tower No.6, Fourth Floor, Vs. 90 Ft Road, Pant Nagar, Vashi Railway Station Ghatkopar (E), Mumbai- Complex, Vashi, Navi 400075. Mumbai-4000703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpt1799E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 16/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 27.07.2022 For The Assessment Year 2012-13. 2. None Appeared For The Assessee. However, On Perusal Of The Grounds Of Appeal Raised By The Assessee, It Is Noted That The Main Grievance Of Assessee Is Against The Action Of The Ao In Not Giving Proper Opportunity Before Making An Addition Of Rs.4,25,000/-.

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar
Section 143(1)