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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)

Bhaveshbhai Haribhai Kanani, Jamnagar vs. ITO WD-1(3) Jamnagar, Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 254/RJT/2025[2018-19]Status: DisposedITAT Rajkot05 Aug 2025AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.254/Rjt/2025 "नधा"रण वष"/Assessment Year : 2018-19 Bhaveshbhai Haribhai Income Tax Officer, बनाम/ Kanani, Ward-1(3), Jamnagar, Taranjali Vs Buildng, Income Tax Officer, Nr. Plot No.E211, Gidc Phase- 2 Dared, Jamnagar-361008 Amber Cinema, Pt. Nehru Marg, Hospital Rod, Jamanagar-361 008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acypk 5085 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 15/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 05/08/2025 आदेश/Order Per, Dr. Arjun Lal Saini, Am Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2018-19, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 18.11.2024, Which In Turn Arises Out Of A Penalty Levied U/S 271B Of The Act, Dated 23.11.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “The Ld. Cit(A) Erred In Law As Well On Fact In Upholding Penalty Of Rs.1,50,000 Imposed By Ld.Ao U/S 271B Of The Act.”

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 142(1)Section 143(2)Section 250Section 271BSection 274Section 44A

ITA No. 254/Rjt/2025 AY: 18-19 Bhaveshbhai H Kanani, आयकर अपील"य अ"धकरण,राजकोट "यायपीठ, राजकोट। IN THE INCOME

Manoj Kumar, Aurangabad vs. ITO Ward-3(3), Aurangabad, Gaya

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

ITA 75/PAT/2025[2021-22]Status: HeardITAT Patna05 Aug 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.75/Pat/2025 Assessment Year: 2021-22 Manoj Kumar……………………….....…..…………………....Appellant Chawal Bazar, Main Road, Daudnagar, Aurangabad, Bihar-824143. [Pan: Andpk2914K] Vs. Ito, Ward-3(3), Aurangabad……….…............................…..…..... Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : August 5, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre ["Cit(A)"] For The Assessment Year 2021-21. 2. At The Outset, It Is Noted That There Is A Delay Of 145 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. The Assessee Filed Its Return Of Income For The Assessment Year 2021–22 Declaring Total Income Of ₹ 5,54,350. The Return Was Selected For Scrutiny & Notices Under Section 143(2) & Section 142(1) Of The

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 69A

Year 2021–22 declaring total income of ₹ 5,54,350. The return was selected for scrutiny, and notices under Section 143(2) and Section 142(1) of the I.T.A. No.75/Pat/2025 Manoj Kumar Act were issued. Since the assessee failed to furnish complete and satisfactory responses, the Assessing Officer (AO) completed