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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)

Gordhandas Narandas Vaishnav, Iqbalgadh vs. The Income Tax Officer Ward 1, Palanpur

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 2075/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad30 Sept 2025AY 2018-19

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2018-2019 Gordhandas Narandas Vaishnav The Ito, Ward-1 40, 1St Floor, Apmc Iqbalgadh Vs. Palanpur. Prop: Gn Traders Iqbalgadh 385 135 Pa: Akwpv 8111 B (Applicant) (Responent) : Shri Chetan Agarwal, Ar Assessee By : Shri Kalpesh Rupavatia, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 29/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 30/09/2025

For Appellant: Shri Kalpesh Rupavatia, Sr.DR
Section 114Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 40Section 43B

comparison to the Audit Report.” Consequently, notice under section 143(2) of the Act was issued on 22.09.2019, followed by multiple notices under section 142(1) of the Act along with questionnaire on different dates including 04.11.2020, 02.12.2020, 19.12.2020, 01.01.2021, and 18.01.2021. 2.3 During the course of assessment proceedings ... assessee, in response to the notices issued under section 142(1), furnished certain documents through the ITBA portal on 08.02.2021 and explained that he was engaged in the trading of agricultural commodities, mainly castor seeds and guwar seeds, purchasing the same from farmers and selling them to millers, apart from

Dreams Belle Vue, Pune vs. ITO Ward-2(3), Pune

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

ITA 1158/PUN/2025[2014-15]Status: DisposedITAT Pune30 Sept 2025AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI R.K. PANDA

Dreams Belle Vue, Pune vs. ITO Ward 2 (1), Pune

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

ITA 1157/PUN/2025[2016-17]Status: DisposedITAT Pune30 Sept 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI R.K. PANDA