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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)

Br Associates, Uttarakahand vs. ACIT, Rishikesh

In the result, the appeal of the assessee is allowed and the assessment order is quashed

ITA 175/DDN/2025[2016-17]Status: DisposedITAT Dehradun18 Feb 2026AY 2016-17

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2016-17] M/S. B R Associates Vs Acit Jolly Grant, Circle-1(4)(1) Bhaniyawala, Dehradun, Rishikesh, Uttarakhand-248140 Uttarakhand-249201 Pan-Aaqfb6241E Appellant Respondent Assessee By Shri Kanwal K.Juneja, Ca Revenue By Shri A.S.Rana, Sr.Dr Date Of Hearing 10.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 08.07.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Dehradun/10296/2018-19 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 28.12.2018 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income On 08.10.2016 Declaring Total Income At Inr 46,02,250/-. The Case Was Selected For Scrutiny Under Cass & The Notice Was Issued By Ito, Ward-1(2), Dehradun Thereafter, The Case Was Transferred To Dcit, Circle-1(1)(1), Dehradun. Thereafter, Various Notices Were Issued & Replies Were Filed By The Assessee. After Considering The Submissions, Total Income Was Assessed At Inr 1,93,96,755/- By Making Addition Of Inr 55.00 Lakhs Towards Bogus Advances & Inr 14,13,600/- As Deemed Income & Further Disallowance Of Expenses Of Inr 78,80,905/- Was Made.

Section 142(1)Section 143(2)Section 143(3)Section 250Section 43C

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN “DB” BENCH: DEHRADUN BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER & SHRI MANISH AGARWAL

Income Tax Officer, Dehradun vs. Rakesh Mohan Verma, Dehradun

In the result, appeal of the Revenue is dismissed

ITA 122/DDN/2024[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] Ito Vs Rakesh Mohan Verma Ward-1(1)(3) 144, Neshvilla Road, Aaykar Bhawan, Dehradun, Uttarakhand- 13 A, Subhhash Road, 248001 Uttarakhand Pan-Abbpvcv4728J Appellant Respondent Revenue By Shri A.S.Rana, Sr.Dr Assessee By Shri Amit Arora, Ca & Shri Vishal Mishra, Ca Date Of Hearing 09.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 15.05.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A) Dehradun/10729/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 27.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Filed His Return Of Income, Declaring Total Income 10,94,900/-. The Case Of The Assessee Was Selected For Scrutiny Through Cass With The Issue “Large Cash Deposits Compared To Returned Income”. Notice U/S 143(2) Was Issued On 08.08.2018, Followed By Notices U/S 142(1) Issued From Time To Time. In Response, The Assessee Filed Replies & Produced All The Information & Supporting Documentary Evidences For Examination. The Ao Vide Order Dated 27.12.2019 Passed U/S 143(3) Of The Act Assessed The Income Of The Assessee At Inr 1,53,25,642/- Wherein Addition Of Inr 69,81,000/- Is Made As Unexplained Money U/S 69A Of The Act Towards The Bank Deposits & Further Inr 9,60,568/- Added As Unexplained Income Being Difference Between Deposits & Income Declared. Further An Addition Of Inr 62,89,172/- Is Made As One Fourth Payments Against Loan Repayment Of Rs.251,56,689/- Repaid From Undisclosed Sources U/S 69A Of The Act.

Section 142(1)Section 143Section 143(2)Section 143(3)Section 250Section 69A

ITA No.122/DDN/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN “DB BENCH: DEHRADUN BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER & SHRI

Jaggo, Mathura vs. Income Tax Officer 1(3)(1), Mathura

In the result, appeal filed by assessee is allowed

ITA 555/AGR/2025[2015-16]Status: DisposedITAT Agra18 Feb 2026AY 2015-16

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2015-16 Jaggo Vs. Income Tax Officer S/O Sh. Indar H. No. 6, Azampur Ward 1(3)(1), Mathura Mathura, Mathura Pan : Ayopj8958J (Appellant) (Respondent) Assessee By Sh. Anurag Sinha, Adv. Department By Sh. Anil Kumar, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 18.02.2026 Order Per : S. Rifaur Rahman: The Assessee Has Preferred This Appeal Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Dated 17.11.2025 U/S. 250 Of The Income-Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2015-16. 2. Aggrieved With The Above Order, Assessee Is In This Appeal, Raising Following Grounds : “1. Because In The Facts & Circumstances Of The Case, Learned Cit (Appeals) Has Erred In Not Deleting The Penalty Of Rs. 10,000/- Imposed By The Assessing Officer Under Section 271(1)(B) Of The Act. 3. Brief Facts Of The Case Are, The Notice U/S 142(1) Of The Act Was Issued To The Assessee Calling For Information/Explanation Along With The Documents During The Assessment Proceedings U/S 143(3) Of The Act. The Above Notice Was Issued Through Registered E-Mail Id & Fixed For Compliance On 26.02.2021, After Laps Of Considerable Time, The Assessing Officer Issued The Another Notice U/S 274 To The Assessee R.W.S 271(1)B) Of The Act Why Penalty U/S 271 Of The Act Should Not Be Initiated & Levied. In Compliance, The Assessee Not Submitted Any Reply. Accordingly, Assessing Officer Levied The Penalty Of Rs. 10,000/-.

Section 142(1)Section 143(3)Section 148Section 250Section 271Section 271(1)(b)Section 274

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI SUNIL KUMAR

Hotel Selection Grand, Tadepalligudem vs. Income Tax Officer, Ward-1, Tadepalligudem

ITA 741/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam18 Feb 2026AY 2016-17

Bench: Shri Ravish Sood, Hon'Ble & Shri Omkareshwar Chidara, Hon'Bleआयकर अपीलसं./I.T.A.No.741/Viz/2025 (निर्धारण वर्ष / Assessment Year:2016-17) Hotel Selection Grand Gollagundam Centre K.N. Road Tadepalligudem-534101 Andhra Pradesh [Pan: Aakfh0778C] Vs. Income Tax Officer, Ward -1 Aayakar Bhavan, 2-1-56/1 Opp. Punjab National Bank K.N.Road, Tadepalligudem – 534101 Andhra Pradesh करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement Per Ravish Sood, Jm: : Shri I. Kama Sastry, Ca : Sri K.Prasad, Sr.Dr : 12.02.2026 : 18.02.2026 आदेश /Order The Present Appeal Filed By The Assessee Firm Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), Visakhapatnam-3, Dated 24.10.2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short "A.O”) Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (For Short, "The Act"), Dated 06.01.2025 For The Assessment Year 2016-17. The Assessee Firm Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: "1. The Notice Under Section 148 Issued On 18.04.20232 For The

Section 115BSection 142ASection 147Section 148Section 148ASection 149(1)(b)Section 151ASection 234ASection 69A

failed to file its return of income for the subject year, therefore, the A.O issued notice under section 142(1) of the Act, dated 14.02.2024, which, however, was not acted upon by the assessee-firm. Also, another notice under section 142(1) of the Act, dated 29.10.2024 calling