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)

ITO, WD-35(2), Kolkata vs. M/S Nidhi Sulphonates, Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 618/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)

Nidhi Sulphonates, Kolkata vs. ITO, WD-35(2), Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 378/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)

M/S Umbika Agency, Kolkata vs. Ld. I.T.O. Ward 41(1), Kolkata

In the result, the appeals of the assessee for A

ITA 2063/KOL/2016[2005-06]Status: DisposedITAT Kolkata24 Nov 2017AY 2005-06

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. Nos. 2059 To 2063/Kol/2016 Assessment Years : 2002-03 To 2005-06 & 2007-08 M/S. Umbika Agency.............................…………………………………………Appellant 14A/1A, Ultadanga Road, Kolkata – 700 004 [Pan : Aabfu 5344 E] Income Tax Officer...................……………………………………………….......Respondent Ward 41(1) Kolkata, 3, Government Place (West), Kolkata – 700 004 Appearances By: Shri Gaurav Mathur, Advocate Appearing On Behalf Of The Assessee. Shri R.P. Nag, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 03, 2017 Date Of Pronouncing The Order : November 24, 2017 Order These Five Appeals Filed By The Assessee Are Directed Against Five Separate Orders Of The Ld. Cit (A) For A.Y. 2002-03, 2003-04, 2004-05, 2005-06 & 2007-08 & Since Some Of The Issue Involved Therein Are Common, The Same Have Been Heard Together & Are Being Disposed Of By A Single Consolidated Order For The Sake Of Convenience. 2. First We Take Up The Appeal Of The Assessee For A.Y. 2002-03 Being Ita No. 2059/Kol/2016 Which Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 06.07.2016. The Issue Involved In Ground No 1 Of These Appeals Relates To The Disallowance Of Rs.

Section 143(1)Section 148

M/S Umbika Agency, Kolkata vs. Ld. I.T.O. Ward 41(1), Kolkata

In the result, the appeals of the assessee for A

ITA 2061/KOL/2016[2004-05]Status: DisposedITAT Kolkata24 Nov 2017AY 2004-05

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. Nos. 2059 To 2063/Kol/2016 Assessment Years : 2002-03 To 2005-06 & 2007-08 M/S. Umbika Agency.............................…………………………………………Appellant 14A/1A, Ultadanga Road, Kolkata – 700 004 [Pan : Aabfu 5344 E] Income Tax Officer...................……………………………………………….......Respondent Ward 41(1) Kolkata, 3, Government Place (West), Kolkata – 700 004 Appearances By: Shri Gaurav Mathur, Advocate Appearing On Behalf Of The Assessee. Shri R.P. Nag, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 03, 2017 Date Of Pronouncing The Order : November 24, 2017 Order These Five Appeals Filed By The Assessee Are Directed Against Five Separate Orders Of The Ld. Cit (A) For A.Y. 2002-03, 2003-04, 2004-05, 2005-06 & 2007-08 & Since Some Of The Issue Involved Therein Are Common, The Same Have Been Heard Together & Are Being Disposed Of By A Single Consolidated Order For The Sake Of Convenience. 2. First We Take Up The Appeal Of The Assessee For A.Y. 2002-03 Being Ita No. 2059/Kol/2016 Which Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 06.07.2016. The Issue Involved In Ground No 1 Of These Appeals Relates To The Disallowance Of Rs.

Section 143(1)Section 148

M/S Umbika Agency, Kolkata vs. Ld. I.T.O. Ward 41(1), Kolkata

In the result, the appeals of the assessee for A

ITA 2060/KOL/2016[2003-04]Status: DisposedITAT Kolkata24 Nov 2017AY 2003-04

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. Nos. 2059 To 2063/Kol/2016 Assessment Years : 2002-03 To 2005-06 & 2007-08 M/S. Umbika Agency.............................…………………………………………Appellant 14A/1A, Ultadanga Road, Kolkata – 700 004 [Pan : Aabfu 5344 E] Income Tax Officer...................……………………………………………….......Respondent Ward 41(1) Kolkata, 3, Government Place (West), Kolkata – 700 004 Appearances By: Shri Gaurav Mathur, Advocate Appearing On Behalf Of The Assessee. Shri R.P. Nag, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 03, 2017 Date Of Pronouncing The Order : November 24, 2017 Order These Five Appeals Filed By The Assessee Are Directed Against Five Separate Orders Of The Ld. Cit (A) For A.Y. 2002-03, 2003-04, 2004-05, 2005-06 & 2007-08 & Since Some Of The Issue Involved Therein Are Common, The Same Have Been Heard Together & Are Being Disposed Of By A Single Consolidated Order For The Sake Of Convenience. 2. First We Take Up The Appeal Of The Assessee For A.Y. 2002-03 Being Ita No. 2059/Kol/2016 Which Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 06.07.2016. The Issue Involved In Ground No 1 Of These Appeals Relates To The Disallowance Of Rs.

Section 143(1)Section 148

M/S Umbika Agency, Kolkata vs. Ld. I.T.O. Ward 41(1), Kolkata

In the result, the appeals of the assessee for A

ITA 2059/KOL/2016[2002-03]Status: DisposedITAT Kolkata24 Nov 2017AY 2002-03

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. Nos. 2059 To 2063/Kol/2016 Assessment Years : 2002-03 To 2005-06 & 2007-08 M/S. Umbika Agency.............................…………………………………………Appellant 14A/1A, Ultadanga Road, Kolkata – 700 004 [Pan : Aabfu 5344 E] Income Tax Officer...................……………………………………………….......Respondent Ward 41(1) Kolkata, 3, Government Place (West), Kolkata – 700 004 Appearances By: Shri Gaurav Mathur, Advocate Appearing On Behalf Of The Assessee. Shri R.P. Nag, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 03, 2017 Date Of Pronouncing The Order : November 24, 2017 Order These Five Appeals Filed By The Assessee Are Directed Against Five Separate Orders Of The Ld. Cit (A) For A.Y. 2002-03, 2003-04, 2004-05, 2005-06 & 2007-08 & Since Some Of The Issue Involved Therein Are Common, The Same Have Been Heard Together & Are Being Disposed Of By A Single Consolidated Order For The Sake Of Convenience. 2. First We Take Up The Appeal Of The Assessee For A.Y. 2002-03 Being Ita No. 2059/Kol/2016 Which Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 06.07.2016. The Issue Involved In Ground No 1 Of These Appeals Relates To The Disallowance Of Rs.

Section 143(1)Section 148