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)

PAN E Mart Private Limited, Kolkata vs. CPC, Bangalore

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

ITA 9/KOL/2022[2018-19]Status: DisposedITAT Kolkata06 Jun 2022AY 2018-19

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2018-19 Pan E Mart Pvt. Ltd. Cpc, Bengaluru C/O. 93A, Tiljala Road, Vs. Kolkata – 700046. Pan: Aadcp 6710 A (Appellant) (Respondent) Present For: Appellant By : Shri Rishav Patawari, Ar Respondent By : Shri Biswanath Das, Acit Date Of Hearing : 18.05.2022 Date Of Pronouncement : 06.06.2022 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 10.09.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A), Nfac Erred In Confirming The Action Of Cpc Of Not Allowing Appellant'S Claim For Tds Credit Of Rs. 77.738/- For A.Y. 2018-19. 2. For That The Ld. Cit(A) Erred In Confirming The Action Of Cpc In Disallowing The Claim Of Tds Credit In Spite Of The Fact That The Corresponding Income Has Been Offered For Taxation By The Assessee & Duly Assessed By Cpc. 3. For That Even Otherwise, The Ld. Cit(A). Nfac Did Not Ever Provide The Appellant Any Opportunity Of Personal Hearing Before Passing The Impugned Appellate Order U/S 250 Of The It Act, 1961. 4. For That The Order Passed By Ld. Cit(A) Is Otherwise Unjust & Unfair. 5. For That The Appellant Craves Leave To Add, Alter Or Withdraw Any Ground/S Of Appeal On Or Before Hearing Of The Appeal.”

For Appellant: Shri Rishav Patawari, ARFor Respondent: Shri Biswanath Das, ACIT
Section 143(1)Section 250

Smita Dey, Kolkata vs. DCIT, CPC, Bengaluru

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

ITA 20/KOL/2022[2016-17]Status: DisposedITAT Kolkata06 Jun 2022AY 2016-17

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2016-17 Smita Dey Dcit, Cpc, Bengaluru 4B, Baishnab Ghata Vs. Road, Kolkata – 700047. Pan: Azrpd 4069 L (Appellant) (Respondent) Present For: Appellant By : Shri Anil Kochar, Advocate & Shri Aryan Kochar, Advocate Respondent By : Shri Biswanath Das, Acit Date Of Hearing : 19.05.2022 Date Of Pronouncement : 06.06.2022 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.09.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “I. That The Ld. Cit(A) Erred In Confirming The Action Of Ld. Asstt. Commissioner (Cpc) In Not Allowing Tax Deducted At Source Of Rs. 4,52,314/- Deducted On Salary Received As An Employee Of M/S. Genpact Mobility Services (P) Ltd. & Deputed To Switzerland During The Work Period Commencing From 25.05.2015 To 31.08.2015 In The Intimation Dated 12.11.2016 Under Section 143(1) Of I.T. Act, 1961. Ii. That Ld. Cit(A) Nfac Has Erred In Law As Well As In Fact In Not Allowing Relief U/S 90/91 Of It Act, 1961 For Tds Deducted At Rs. 4,52,314/- Towards Foreign Salary Income Received In Switzerland. Iii. That Ld. Cit(A) Nfac Has Failed To Appreciate That The Receipt Of Foreign Salary Has Already Been Shown Under Salary Income In Original Return & That As Per The 2 Smita Dey A.Y. 2016-17 Principal Of Natural Law & Justice The Same Income Cannot Be Subjected To Tax Twice I.E. In India As Well As In Switzerland. Iv. For That Further Grounds Of Appeal May Kindly Be Allowed To Be Taken At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Anil Kochar, Advocate &For Respondent: Shri Biswanath Das, ACIT
Section 139(1)Section 139(4)Section 139(5)Section 143(1)Section 154Section 250Section 89Section 89(1)Section 90