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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)

Super Packagers, Kanpur, Uttar Pradesh vs. Income Tax Officer - 1(3)(4), Kanpur, Uttar Pradesh

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

ITA 132/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Jul 2025AY 2017-18

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Super Packagers, Vs. The Income Tax Officer, 80/72, Latouch Road, Ganga Oil Ward-1(3)(4), Kanpur 208001 Mill Compound, Kanpur-208001 Pan:Abtfs2620L (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Puneet Kumar, Cit Dr Date Of Hearing: 15.07.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961, Dated 10.12.2024, Dismissing The Appeal Of The Assessee Against The Assessment Order Passed By The Ld. Ao Under Section 144 On 25.11.2019. The Grounds Of Appeal Are As Under:- “1. Learned Cit(A) Has Erred In Law & On Facts Of The Case In Passing The Impugned Order Dated 10/12/2024 Ex-Parte & Without Deciding The Appeal On Merits. 2. Learned Ao Has Erred In Law & On Facts Of The Case While Passing The Impugned Order Dated 25/11/2019 & Learned Cit(A) Has Upheld Because The Assessment In The Present Case Has Been Carried Out In Respect Of A Non-Existent Entity & Is Thus Void-Ab-Initio. 3. Because, The Present Case Being Of Dual Pan No. Abtfs2620L One Relating To Partnership Firm (Which Ceased To Exist From 01/04/2011) & The Other Relating To The Individual Person (Pan Aaqpj2279Q), Transaction Taken Place In The Bank With Respect To The Pan Of The Partnership Firm Having All Been Disclosed & Assessed In The Return Filed Under Pan Aaqpj2279Q. There Has Been No Escapement Of Income, The Addition Of Rs.93,90,793/- Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Puneet Kumar, CIT DR
Section 115BSection 139(1)Section 142(1)Section 144Section 2Section 250Section 69A

Baroda during the demonetization period but had not filed its income tax return for the assessment year 2017-18. Therefore, a notice under section 142(1) was issued to the assessee, for filing of such return but the same was not complied with the. As such ld. AO noted that ... course of his assessment order, the ld. AO records that he issued as many as five notices to the assessee under section 142(1) and 144, but the assessee did not respond to any of these notices. Since the assessee did not make any response, the ld. AO observed that