Section 143(1A) of the Income Tax Act
Income-tax Act, 2025: s.270
Section 143(1A) 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(1A) is Gajanan Constructions v. DCIT (74 Taxmann.com 6), cited in 465 of the 25 judgments on BharatTax that turn on this section.
Leading authorities on Section 143(1A)
Late fees under section 234E can only be levied prospectively from June 1, 2015. Levying late fees for periods prior to this date is not permissible.
The validity of Section 234E of the Income Tax Act, 1961, inserted by the Finance Act, 2012, is examined by the court.
When tax is levied under Section 115JB on book profits, no penalty under Section 271(1)(c) for concealment or furnishing inaccurate particulars can be imposed based on additions or disallowances made in the regular computation of income. The regular computation is only for comparative purposes when the final tax liability is based on book profits.
Section 234E creates a substantive liability to pay late fees for failure to deliver statements under section 200(3) within the prescribed time, effective from July 1, 2012, independent of the recovery mechanism under section 200A(1)(c).
The definition of 'tax' under the Income Tax Act does not include interest, penalties, or fees, as these are considered separate concepts under the law. The case supports the distinction between tax and other levies.
Section 234E, which provides for late fees for delayed filing of TDS statements, is a substantive provision and its levy is not dependent on Section 200A(1)(c). Therefore, late fees can be levied even for periods prior to June 1, 2015, when Section 200A was amended to explicitly include fee computation.
Penalty is regarded as an additional tax imposed due to dishonest or contumacious conduct. A fee levied to deter late filing of TDS statements is also considered penal in nature and thus an additional tax.
An assessment order passed in the name of a non-existent entity, following an amalgamation, is null and void ab initio. This is because the entity ceased to exist as a legal entity upon its merger.
Proceedings initiated against a non-existent entity are invalid.
