← All Phrases

“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)

Sanjeev Kumar, Panipat vs. ITO Ward-4 Panipat, Panipat

In the result, assessee's appeal is allowed

ITA 314/DEL/2025[2011-12]Status: DisposedITAT Delhi27 Oct 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.314/िद"ी/2025 (िन.व. 2011-12) Sanjeev Kumar, 13, Vpo Ugra Kheri, Panipat, ...... अपीलाथ"/Appellant Haryana 132103 Pan: Asvpk-4205-C बनाम Vs. Income Tax Officer, Ward-4, Aayakar Bhawan, Sector-6, Panipat, ..... "ितवादी/Respondent Haryana 132103 अपीलाथ" "ारा/Appellant By : Shri Mukesh Kumar Mittal, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 08.11.2024, For Assessment Year 2011-12. 2. Shri Mukesh Kumar Mittal, Ar Of The Assessee Submits That The Assessment U/S.148 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Was Made By The Assessing Officer (Ao) Vide Order Dated 30.11.2018 In Ex-Parte Proceedings. He Contended That As Per The Assessment Order, The Ao Had Issued Notice U/S.148 Of The Act On 31.03.2018 Through Speed Post As Well As Online

For Appellant: Shri Mukesh Kumar Mittal, CharteredFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 142(1)Section 144Section 147Section 148

आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL

Deepak Communication, Ajit Nagar vs. Assessing Officer, Delhi

In the result, appeal of the assessee is allowed for statistical purpose

ITA 3076/DEL/2025[2017-2018]Status: DisposedITAT Delhi27 Oct 2025AY 2017-2018

Bench: Shri Vikas Awasthyआअसं.3076/िद"ी/2025 (िन.व. 2017-18) Deepak Communication, Gali No.4, Ajit Nagar, Gandhi Nagar, ...... अपीलाथ"/Appellant Delhi 110031 Pan: Aamfd-3905-A बनाम Vs. Assessing Officer, Ward-60(6), ..... "ितवादी/Respondent Delhi 110002 अपीलाथ" "ारा/Appellant By : None "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 08.09.2023, For Assessment Year 2017-18. 2. The Solitary Issue, In The Present Appeal By The Assessee Is Against Levy Of Penalty U/S.271Aac(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Amounting To Rs.1,04,674/-. The Assesssee Had Deposited Cash Amounting To Rs.13,55,000/- During Demonetization Period I.E. Between 09.11.2016 To 30.12.2016 In His Bank Account Maintained With Yes Bank Ltd. Krishna Nagar Delhi, Account No. 226190000295. The Return Of Income Was Filed

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 115BSection 139(1)Section 142(1)Section 144Section 271ASection 274Section 69A

आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL

Vishal Krishna, Chennai vs. ACIT, Ncc-10(1), Chennai

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

ITA 2258/CHNY/2025[2012-13]Status: DisposedITAT Chennai24 Oct 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2258/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Vishal Krishna, Vs. The Assistant Commissioner Of Old No. T-27, New No. T-3, Income Tax, 12Th Street, Anna Nagar S.O., Non Corporate Circle 10(1), Chennai 600 040. Chennai. [Pan: Aagpv0851L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Vaitheeswaran, Advocate ""थ" की ओर से/Respondent By : Shri C.P. Solomon, Jcit सुनवाई की तारीख/ Date Of Hearing : 22.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 105 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri K. Vaitheeswaran, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 147Section 148

reason that income chargeable to tax had escaped assessment within the meaning of the provisions of section 147 of the Act. Notice under section 142(1) of the Act was issued on 05.07.2019 3 I.T.A. No.2258/Chny/25 calling for details. The assessee filed return of income on 04.09.2019 in compliance