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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)

State Institute of Chidrens Literature, Trivandrum vs. ITO Ward 1(3), Trivandrum

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

ITA 539/COCH/2025[2019-20]Status: DisposedITAT Cochin11 Aug 2025AY 2019-20

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2019-20 State Institue Of Childrens Literature .......... Appellant Sanskrit College Campus, Palayalam Thiruvananthapuram 695034 [Pan: Aajts9037Q] Vs. Ito, Ward - 1(3), Thiruvananthapuram .......... Respondent Assessee By: Shri Mathew Joseph, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 07.08.2025 Date Of Pronouncement: 11.08.2025 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 28.02.2025 For Assessment Year (Ay) 2019-20. 2. Brief Facts Of The Case Are That The Appellant Is A Society Setup By The Government Of Kerala Formed With The Objective Of Promotion Of Education & Literature, Promote Reading Habits & Promote Affinity Towards Culture Among Children. No Return Of Income Was Filed By The Appellant Society For Ay 2019-20. Based On The Information Available In The It Portal That Interest Of Rs. 21,37,898/- Was Received By The Appellant, The Ito, Ward-1(3)

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 10Section 142(1)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2019-20 State Institue

Hussain Theparambil Faisal, Thrissur vs. ITO, Ward 2(1), Thrissur

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

ITA 520/COCH/2025[2017-18]Status: DisposedITAT Cochin11 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Hussain Theparambil Faizal .......... Appellant Theparambil, Chalingadu, Kaipamangalam Thrissur 680681 [Pan: Acvpf5761G] Vs. The Income Tax Officer, Wd-2(1), Thrissur .......... Respondent Assessee By: ------- None ------- Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.08.2025 Date Of Pronouncement: 11.08.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-1, Hyderabad [Cit(A)] Dated 23.12.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That Appellant Is An Individual. No Return Of Income Under The Provisions Of Section 139(1) Of The The Income Tax Act, 1961 (The Act) Was Filed By The Appellant For Ay 2017-18. However, Based On The Information That The Appellant Made Cash Deposit In Specified Bank Notes (Sbn) During Demonetisation Period, The Ito, Ward 2(1), Thrissur (Hereinafter Called "The Ao") Issued A Notice U/S. 142(1) Of The Act Calling Upon The Appellant To 2 Hussain Theparambil Faizal File Return Of Income. The Appellant Neither Complied With The Notice U/S. 142(1) Nor The Notice U/S. 143(2) Of The Act. In The Circumstances, The Ao Proceeded With Making Best Judgement Assessment By Making Addition Of The Cash Deposits Made During The Demonetisation Period As Unexplained Money Of The Appellant Vide Order Dated 29.12.2019 Passed U/S. 144 Of The Act.

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 143(2)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2017-18 Hussain Theparambil