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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)

Parshottambhai Shamjibhai Gajjar, Ahmedabad vs. The ITO, Ward-4(2)(4), Ahmedabad

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

ITA 588/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad25 Jul 2025AY 2017-18

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Parshottambhgai Shamjibhai Gajjar The Ito, Ward-4(2)(4) 75, Shastrinagar Vs. Now Ward-4(2)(3) Nr. Anandbaug Society Ahmedabad. Ghatlodia Ahmedabad. Pan : Bhtpg 0081 N (Appellant) (Respondent) Assessee By : Shri Jaimin Shah, Ca Revenue By : Shri Umesh Kumar Agrawal, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/07/2025 घोषणा की तारीख /Date Of Pronouncement: 25/07/2025 आदेश/O R D E R आदेश आदेश आदेश Per Makarand V.Mahadeokar, Am:

For Appellant: Shri Jaimin Shah, CAFor Respondent: Shri
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 144Section 250Section 69A

Large Cash Deposit during demonetization period.” Accordingly, notice under section 143(2) of the Act was issued on 24.09.2018, followed by notices under section 142(1) on multiple dates including 28.05.2019, 05.08.2019 and 31.08.2019. The assessee failed to comply with these notices or submit any explanation in response ... show cause notice issued under section 142(1) dated 14.10.2019, culminating in an ex-parte assessment under section 144 read with section 143(3) dated 22.11.2019. In the said assessment order, the AO recorded that during the demonetization period (9th November 2016 to 30th December 2016), the assessee had made

Syed Zahed Ali, Hyderabad vs. ITO., Ward-14(1), Hyderabad

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

ITA 474/HYD/2025[2017-18]Status: DisposedITAT Hyderabad25 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.474/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Syed Zahed Ali, Income Tax Officer, Vs. Ward-14(1), Hyderabad. Hyderabad. Pan: Aifpa6433J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Y.V. Bhanu Narayan Rao, C.A. रधजस् व द्वधरध/Revenue By: Sumitha Parmata, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 22/07/2025 घोर्णध की तधरीख/Pronouncement: 25/07/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : This Appeal Is Filed By Shri Syed Zahed Ali (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 05.02.2025 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri Y.V. Bhanu Narayan RaoFor Respondent: Sumitha Parmata, SR-DR
Section 115BSection 133(6)Section 142(1)Section 143(2)Section 144Section 234Section 234BSection 250Section 69A

notice under section 143(2) of the Income Tax Act, 1961 (“the Act”) was issued to the assessee on 08.08.2018. Subsequently, notice under section 142(1) of the Act was issued to the assessee seeking information regarding the source of cash deposits in bank accounts and reconciliation between service