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)

Praveen Kumar Gupta, Mumbai vs. ITO 20(2)(5), Mumbai

In the result, appeal of the assessee is dismissed

ITA 2692/MUM/2019[2011-12]Status: DisposedITAT Mumbai30 Dec 2020AY 2011-12

Bench: Shri Vikas Awasthy & Shri N.K. Pradhanआयकर अपील सं./ Ita No. 2692/Mum/2019 (यनधाारण िर्ा / Assessment Year 2011-12) Praveen Kumar Gupta The Income Tax Officer Shop No.228, Motiwal Mansion, Ward 20(2)(5), R. No.208, बनाम/ Maulana Azad Road, 2N D Floor, Piramal Mumbai-400 008 Chambers, Lalbaug, Parel, Vs. Mumbai-400 012 (अपीलाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी लेखा सं./Pan No. Aacpg3961A अपीलाथी की ओर से/ Appellant By : None प्रत्यथी की ओर से/ Respondent By : Ms. Shreekala Pardeshai, Dr सुनिाई की तारीख / Date Of Hearing: 21.12.2020 घोर्णा की तारीख / Date Of Pronouncement: 30.12.2020 आदेश / O R D E R श्री विकास अिस्थी, न्याययक सदस्य के द्िारा Per Vikas Awasthy, Jm: This Appeal By The Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-32, Mumbai (In Short ‘The Cit(A)’) Dated 06.03.2019 For The Assessment Year 2011-12. 2. The Notice Of Hearing Of This Appeal Was Sent To The Assessee Through Rpad. The Notice Has Been Received Back Unserved With Postal Remarks ‘Left’. The Notice Was Sent To The Assessee On The Address Praveen Kumar Gupta; Ay 11-12 Mentioned In Form No.36 Filed By The Assessee. The Assessee Has Not Filed Any Revised Form 36, Intimating New/ Fresh Address. The Notice Of Hearing Of The Appeal Were Earlier Sent To The Assessee Through Rpad For Hearing Fixed On 29.04.2020 & 05.11.2020 As Per File The Same Have Not Been Received Back Unserved Therefore Deemed To Be Served. It Seems, The Assessee Is Not Interested In Pursuing The Appeal. Accordingly, The Same Is Decided On The Basis Of Documents On Record & The Submissions Made By The Learned Departmental Representative.

For Appellant: NoneFor Respondent: Ms. Shreekala Pardeshai, DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148