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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)

Shri Basaveshwar Urban Co-Operative Credit Society Ltd, Mudalagi vs. The Principle Commissioner of Income Tax, Hubli

In the result, the appeal filed by the assessee is allowed

ITA 78/PAN/2025[2020-21]Status: DisposedITAT Panaji14 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.78/Pan/2025 (A.Y.2020-21) Shri Basaveshwar Urban Vs. Pr.Cit, Co_Op Credit Society C.R.Building, Mudalagi, Navanagar, Belagavi-591312, Hubli-580025, Karnataka Karnataka. Pan .No.Aaaas6800M (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Saidappa Gadadi.Ar Revenue By Shri.Captain Pradeep Arya.Cit.Dr सुनवाई की तारीख/Date Of Hearing 11.08.2025 घोषणा की तारीख/Date Of 14.08.2025 Pronouncement Order Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit) Hubli Passed U/S 263 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Revision Order Passed By The Pr.Cit Set Aside The Order Passed By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is A Cooperative Credit Society & Has Filed The Return Of Income For The A.Y 2020-21 On 04.01.2021 Disclosing A Total Income Of

Section 142(1)Section 143(2)Section 143(3)Section 263Section 80PSection 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI G D PADMAHSHALI ACCOUNTANT MEMBER

Amitkumar Navnitbhai Patel, Ahmedabad vs. The ACIT, Circle-2(1)(1), Ahmedabad

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

ITA 984/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad14 Aug 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.984/Ahd/2023 िनधा"रण वष" /Assessment Year : 2017-18 Amitkumar Navnitbhai Patel The Acit बनाम/ A/1-1, Madhav Apartment Circle 2(1)(1) V/S. Opp. Municipal Garden Ahmedabad – 380 015 Vasna Ahmedabad – 390 007 "थायी लेखा सं./Pan: Amppp 5605 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri P.F. Jain, Ca Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 13/08/2025 घोषणा की तारीख /Date Of Pronouncement: 14/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri P.F. Jain, CAFor Respondent: Shri Atul Pandey, Sr.DR
Section 115BSection 143(3)Section 69Section 69A

then Assessing Officer. In response, the assessee, through his then counsel, sought adjournment vide letter dated 31.08.2018. Subsequently, notice under section 142(1) dated 11.08.2018 was also complied with vide submission dated 12.09.2018, wherein complete details and explanation regarding cash deposits and sale of property were furnished. In support ... through the assessee’s earlier counsel. The learned AR pointed out that thereafter, due to change in incumbent Assessing Officer, fresh notices under section 142(1) read with section 129 of the Act were issued, nearly a year after earlier compliance. Amitkumar Navnitbhai Patel vs. ACIT Asst. Year

Manatec Electronics Private Ltd, Chennai vs. ITO, Corporate Ward 4(1), Chennai

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

ITA 83/CHNY/2025[2018-9]Status: DisposedITAT Chennai14 Aug 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.83/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Manatec Electronics Private Vs. The Income Tax Officer, Limited, 19A, Abinav Kailash, Corporate Ward 4(1), Velachery Road, Little Mount, Chennai. Saidapet, Chennai 600 015. [Pan:Aafcm1685D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Sandhyaarthi, C.A. & Ms. Ranjini, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 14.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. As Per Concise Grounds Of Appeal, Ground Nos. 1 & 2 Raised By The Assessee Is General In Nature & Requires No Adjudication.

For Appellant: Ms. Sandhyaarthi, C.A. &For Respondent: Ms. R. Anita, Addl.CIT
Section 142(1)Section 143(2)Section 35Section 37Section 37(1)

assessee was selected for complete scrutiny and the Assessing Officer issued notice under section 143(2) of the Act on 22.09.2019. Notice under section 142(1) of the Act was also issued on 22.02.2021. According to the Assessing Officer the assessee claimed revenue expenditure