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)

Sarva Siddhi Raja Ganapathy Trust, Mumbai vs. ACIT (CPC), Bangalore ( Original Jurisdiction With ITO (E) - 2 (2), Mumbai

ITA 3951/MUM/2019[2010-11]Status: DisposedITAT Mumbai17 Sept 2021AY 2010-11

Bench: Shri Mahavir Singh, Vp & Shri S. Rifaur Rahman, Am आमकय अऩीर िं./ Ita No. 3951/Mum/2019 (ननधाायण वर्ा / Assessment Year 2014-15) Sarva Siddhi Raja Ganapathy The Asst. Commissioner Of Trust, Income Tax, (Cpc), 1 St Bhajan Samaj Complex, 90 Feet Bangalore, Floor, Road, Garodia Nagar, Ghatkopar फनाभ/ Prestige Alpha No.48/1, East, Mumbai-400 077 48/2, Beratenaagrahara Vs. Begur Hobli, Hosur Rd, Bengaluru-560100 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Aaacw1258P अऩीराथी की ओय े/ Appellant By : Shri Mehul Shah, Ar प्रत्मथी की ओय े/ Respondent By : Shri Ajay Singh, Dr ुनवाई की तायीख / Date Of Hearing: 31.08.2021 घोर्णा की तायीख / Date Of Pronouncement: 17.09.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-1, Mumbai [In Short Cit(A)], In Appeal No. Cit(A)-1/8/Acit9Cpc)/2016-17 Vide Dated 09.04.2019. The Assessment Was Framed By The Asst. Commissioner Of Income Tax, (Cpc), Bangalore (In Short Acit / Ao) For The A.Y. 2014-15 Vide Order Dated 09.01.2016 Under Section 143(1) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). Sarva Siddhi Raja Ganapathy Trust; Ay 14-15 The First Issue In This Appeal Of Assessee Is Against The 2. Order Of Cit(A) In Not Giving Sufficient Opportunity Of Being Heard To The Assessee. For This, Assessee Has Raised The Following Grounds:-

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri Ajay Singh, DR
Section 11Section 12ASection 143(1)

Thangaraj Muthukumar, Chennai vs. ITO, Non Corp Ward 8(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 284/CHNY/2019[2013-14]Status: DisposedITAT Chennai16 Sept 2021AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 284/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 Shri Thangaraj Muthukumar, The Income Tax Officer, No. 152/24, Maruthi Complex, Vs. Non Corporate Ward 8(2), Jawaharlal Nehru Salai, Arumbakkam, Chennai. Chennai 600 106. [Pan:Alepm2119B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.09.2021 घोषणा की तारीख /Date Of Pronouncement : 16.09.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9 I/C, Chennai, Dated 28.09.2018 Relevant To The Assessment Year 2013-14. The Effective Ground Raised In The Appeal Relates To Confirmation Of Additions Of (1) ₹.68,20,999/- Representing The Sundry Creditors, (2) ₹.15,00,000/- Representing The Unsecured Loan & (3) ₹.8,87,654/- Representing 50% Of The Indirect Expenses.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri G. Johnson, Addl. CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144

M/S. Bellary Educational Services Trust, Bellary vs. The Deputy Commissioner of Income Tax (Exemptions), Circel-1, Mangalore

In the result, appeal by the assessee is allowed

ITA 104/BANG/2021[2014-15]Status: DisposedITAT Bangalore03 Sept 2021AY 2014-15

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2014-15 M/S.Bellary Educational Services Trust, Vs. The Deputy Commissioner Of Income Tax T S Nos-823/B/2/23/C, Allipur Road, (Exemptions), Opp. Maruthi Showroom, Circle – 1, Mangalore. Bellary – 583 104. Pan : Aaatb 4649 N Appellant Respondent Appellant By : Shri. Shiva Prasad Reddy, Itp Respondent By : Shri. Elamurugu G, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 02.09.2021 Date Of Pronouncement : 03.09.2021 O R D E R Per N.V. Vasudevanthis An Appeal By The Assessee Against The Order Dated 21.01.2021 Passed By The Cit(A)-2, Panaji, Relating To Assessment Year 2014-15. 2. The Assessee Is A Trust Engaged In Providing Education In The District Of Bellary, State Of Karnataka. The Assessee Has Been Granted Registration U/S.12A Of The Income Tax Act, 1961 (Act) By The Cit(E), Bengaluru, W.E.F. 01.03.2002. For Assessment Year 2014-15, The Assessee Filed Return Of Income On 10.11.2015 Declaring A Total Income Of Rs.29,68,920/-. The Income Of The Assessee Before Application Of Income For Charitable Purpose As Per The Audited Books Of Account Was A Sum Of Rs.15,94,43,856/-. The Assessee Claimed A Sum Of Rs.2,39,16,578/- As Accumulation Of Income For Charitable Purpose In Future As Permitted Under Section 11(1)(A) Of The Page 2 Of 7 Income Tax Act, 1961(Hereinafter Called 'The Act'). The Said Provisions Permits Accumulation Of Income To The Extent Of 15% For Application For Charitable Purpose In Future. The Audit Report In Form 10B Was Also Filed Along With The Return Of Income.

For Appellant: Shri. Shiva Prasad Reddy, ITPFor Respondent: Shri. Elamurugu G, JCIT(DR)(ITAT), Bengaluru
Section 11(1)(a)Section 12ASection 143(1)Section 154