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“Section 142(1)”

Section References (mined)Section 142Section 142(1)15,051 judgments

The decision most relied on for Section 142(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 142(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.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. B.N. Bhattacharya & Another
118 ITR 461 · 1997 · Supreme Court
1,656
citing judgments

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

Judgments citing Section 142(1)

Singla Apparels Private Limited, Gandhi Nagar vs. Income Tax Officer, Delhi

In the result, the appeal of the assessee is allowed

ITA 5163/DEL/2024[2017-18]Status: DisposedITAT Delhi17 Nov 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito House No.17, Street No.2, Ward Shankar Nagar, Gandhi Nagar, C.R. Building, Ito Krishan Nagar, Delhi-110051. I.P.Estate Pan-Aajcs3628L New Delhi-110002 Appellant Respondent [Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito 7244, Mahavir Gali Ward Gandhi Nagar, Delhi-1100531. C.R. Building, Ito Pan-Aajcs3628L I.P.Estate New Delhi-110002 Appellant Respondent Appellant By Shri Salil Kapoor, Adv. & Shri Utkarsa Gupta, Adv. Respondent By Shri Manish Gupta, Sr.Dr Date Of Hearing 17.11.2025 Date Of Pronouncement 17.11.2025 Order Per Manish Agarwal, Am : The Captioned Appeals Are Filed By Assessee Against The Separate Orders Dt.11.06.2024 & 12.08.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10554/2019-20 & In Appeal No. Nfac/2016-17/10058210 Respectively, Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act & Penalty

Section 142(1)Section 143(2)Section 143(3)Section 156Section 250Section 271ASection 69A

ITA Nos.3445 & 5163/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL

Singla Apparels Pvt Ltd, Gandhi Nagar vs. Income Tax Officer, Ward

In the result, the appeal of the assessee is allowed

ITA 3445/DEL/2024[2017-18]Status: DisposedITAT Delhi17 Nov 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito House No.17, Street No.2, Ward Shankar Nagar, Gandhi Nagar, C.R. Building, Ito Krishan Nagar, Delhi-110051. I.P.Estate Pan-Aajcs3628L New Delhi-110002 Appellant Respondent [Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito 7244, Mahavir Gali Ward Gandhi Nagar, Delhi-1100531. C.R. Building, Ito Pan-Aajcs3628L I.P.Estate New Delhi-110002 Appellant Respondent Appellant By Shri Salil Kapoor, Adv. & Shri Utkarsa Gupta, Adv. Respondent By Shri Manish Gupta, Sr.Dr Date Of Hearing 17.11.2025 Date Of Pronouncement 17.11.2025 Order Per Manish Agarwal, Am : The Captioned Appeals Are Filed By Assessee Against The Separate Orders Dt.11.06.2024 & 12.08.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10554/2019-20 & In Appeal No. Nfac/2016-17/10058210 Respectively, Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act & Penalty

Section 142(1)Section 143(2)Section 143(3)Section 156Section 250Section 271ASection 69A

ITA Nos.3445 & 5163/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL

Kulathumkuzhiyil Muhammed Ashraf, Kottayam vs. Income Tax Officer Ward 1 Kottayam, Kottayam

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

ITA 622/COCH/2025[2018-19]Status: DisposedITAT Cochin14 Nov 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am Assessment Years: 2018-19 Kulathumkuzhiyil Muhammed Ashraf .......... Appellant Kulathumkuzhiyil, Velloor, Kottayam 686501 [Pan: Bzvpa6849J] Vs. The Income Tax Officer, Wd-2, Kottayam .......... Respondent Assessee By: Shri Prashanth Srinivas, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.10.2025 Date Of Pronouncement: 14.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 23.06.2025 For Assessment Year (Ay) 2018-19. 2. Brief Facts Of The Case Are That The Appellant Is An Individual. No Regular Return Of Income Under The Provisions Of Section 139(1) Of The Act Was Filed For Ay 2018-19. Based On The Information That The Appellant Received Interest Income From United India Insurance Company Ltd. Or Rs. 29,03,429/- During The Previous Year Relevant To Assessment Year Under Consideration, The Ao Formed An Opinion That Income Escaped Assessment To Tax. Accordingly, A Notice U/S. 148 Of The Income Tax Act, 1961 (The Act) Was Issued On 2 Kulathumkuzhiyil Muhammed Ashraf 31.03.2022. The Appellant Neither Complied With The Notice U/S. 148 Nor U/S. 142(1) Of The Act Issued By The Ao Calling For Certain Information. In The Circumstances, The Ao Was Constrained To Pass Best Judgement Assessment By Bringing To Tax The Interest Income Of Rs. 29,03,429/- As Unexplained Money Of The Appellant.

For Appellant: Shri Prashanth Srinivas, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 148Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Years: 2018-19 Kulathumkuzhiyil Muhammed

Maratha Seva Sangh Sanchlit Dhule Dist Nagari Sahakari Patsanstha Ltd, Dhule vs. Assessment Unit, Itd, Delhi

In the result, appeal of the assessee is allowed

ITA 2183/PUN/2025[2015-16]Status: DisposedITAT Pune14 Nov 2025AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.2183/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Maratha Seva Sangh Sanchlit V Assessment Unit, Dhule Dist Nagari Sahakari S Itd. Patsanstha Ltd., Plot No.148, Chudamani, Jay Hind Colony, Deopur Dhule, Dhule – 424002. Pan: Aactm4087D Appellant/ Assessee Respondent / Revenue Assessee By Shri Sharad A Shah Revenue By Shri Pawan Bharti (Virtual Hearing) Date Of Hearing 13/11/2025 Date Of Pronouncement 14/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 23.07.2025 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144B Of The Act, Dated 21.02.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 142(1)Section 147Section 148Section 148ASection 149(1)(b)Section 151Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

आयकर अपीलीय अधिकरण ”एस एम सी” न्यायपीठ पुणेमें। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC” :: PUNE BEFORE MS.ASTHA