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)

The India Industrial Mission, Kolkata vs. DCIT, CPC, Bangaluru

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

ITA 411/KOL/2021[2017-18]Status: DisposedITAT Kolkata12 Sept 2022AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 411/Kol/2021 Assessment Year: 2017-18 The India Industrial Mission Deputy Commissioner Of Income 5A, Seals Garden Lane Tax, (Cpc), Bangaluru Vs Cossipore Kolkata - 700002 Pan : Aacct0072E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Jhajaria, Fca/ Shri Sujoy Sen, A/R & Pritee Bhubna, Fca Revenue By : Shri Biswanath Das, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/06/2022 घोषणा क" तारीख /Date Of Pronouncement: 12/09/2022 आदेश/O R D E R Per Shri Girish Agrawal: The Present Appeal By The Assessee Is Arising Out Of The Order Of The Ld. Commisioner Of Income Tax (Appeal), Nfac, Vide Order No. Itba/Nfac/S/250/2021-22/1035133519(1), Dt. 27/08/2021, Against The Intimation U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Issued By Cpc, Bengaluru, Vide Communication Reference No. Cpc/1718/A7/1875540238, Order Dt. 27/03/2019, For Assessment Year 2017-18. 2. The Issue Raised By The Assessee Vide This Appeal Relates To Disallowance Of Claim Made By The Assessee U/S 11 Of The Act. Before Us, Shri Siddhartha Jhajharia, Fca Along With Sujoy Sen, Represented The Assessee & Shri Biswanath Das, Addl. Cit, Represented The Department. Ld. Counsel Submitted A Paper Book Containing 24 Pages, Which Is Placed On Record. Ld. Counsel Also Referred To The Additional Grounds Raised Before This Tribunal Filed On 26/04/2022 In Respect Of Processing Of Return U/S 143(1) Wherein No Disallowance Or Addition Can Be Made Which Are Not Apparent On Record Or Are Debatable Or Has To Be Resolved By A Long Drawn Process Of Reasoning & Accordingly, The Intimation Issued U/S 143(1) By The Cpc, Bengaluru By Making A Disallowance U/S 11 Of The Act Is Not Sustainable.

For Appellant: Shri Siddharth Jhajaria, FCA/For Respondent: Shri Biswanath Das, Addl. CIT, D/R
Section 11Section 12ASection 143(1)Section 26