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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)

Sumita Singhal, New Delhi vs. ITO, Ward-17(4), New Delhi

In the result, the appeal of the assessee is allowed

ITA 3836/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Sept 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsumita Singhal Income Tax Officer, 149, Tarun Enclave, Ward-17(4), Pitampura, New Delhi-110034. Vs. New Delhi. Pan:Acops9544H (Appellant) (Respondent) Assessee By Shri R.R. Singla, Ca Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 10.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)-6, Delhi [ ‘Cit(A)’ In Short] In Appeal No. Cit(A)-Delhi-6/10307/2017-18 Dated 14.03.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year 2017-18 Arising Out Of The Order Passed U/S 143(3) Of The Act Dated 27.12.2017. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Filed Her Return Of Income On 30.01.2016 Declaring Total Income Of Rs.5,05,360/- With Ito Ward-40(1), Delhi. Notice U/S 143(2) Was Issued On 29.07.2016 By The Same Assessing Officer. Thereafter, Another Notice Issued U/S 143(2) Was Issued On 08.09.2016 By The Ito, Ward-71(2), New Delhi. On 04.09.2017 The Notice U/S 143(2) Was Issued By Ito, Ward No.17(4), New Delhi. The Assessment Was Completed U/S 143(3) By The Ito, Ward-17(4), Wherein The Total Income Of The Assessee Was Assessed At Rs.49,65,760/- After Making Additions Of Rs.42,48,000/- By Holding The Long Term Capital Gain As Bogus & Further Addition Of Rs.2,12,400/- Was Made As Unexplained Expenditure

Section 115BSection 143(2)Section 143(3)Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH