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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)

Income Tax Officer, Delhi vs. Akash Deep Sethi, Delhi

In the result, the appeal filed by the Revenue is dismissed and at the same time, the cross objections filed by the assessee are also dismissed

ITA 4973/DEL/2024[2021-22]Status: DisposedITAT Delhi16 Jul 2025AY 2021-22

Bench: Shri Challa Nagendra Prasad & Shri S. Rifaur Rahmanincome Tax Officer, Vs. Akash Deep Sethi, Delhi. B-236, Derawal Nagar, Model Town, Delhi – 110 009. (Pan : Abyps8933P) Co No.26/Del/2025 (In Ita No.4973/Del/2024) (Assessment Year: 2021-22) Akash Deep Sethi, Vs. Income Tax Officer, B-236, Derawal Nagar, Delhi. Model Town, Delhi – 110 009. (Pan : Abyps8933P) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Aman Garg, Ca Ms. Kirti, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 27.05.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 133(6)Section 139Section 142(1)Section 143(2)Section 143(3)Section 44A

Income Tax Act, 1961 and notice under section 143(2) was issued vide notice dated 27.06.2022 and 28.06.2022.  The notices under section 142(1) of the Income Tax Act, 1961 dated 04.10.2022 and 10.11.2022 were issued which were replied on 14.10.2022 and 07.12.2022. The notice dated ... Amit Kumar) o Detail of expenses for F.Y.2020-21 – at PB Pg 340-349 • All submissions were made timely in response to notices under Sections 142(1) and the Show Cause Notice dated 02.12.2022. These are already placed on record before the Ld. CIT(A) and form part of the Paper

Baljinder Kaur, Tehsil Moonak, Sangrur vs. Income Tax Officer, Sangrur

In the result, appeal of the assessee is allowed for statistical purposes and Stay Application is dismissed

ITA 802/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh15 Jul 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahaystay Application No. 20/Chd/2025 In "नधा"रण वष" / Assessment Year: 2017-18 Baljinder Kaur, Vs The Ito, W/O Bhagwan Singh, Ward – Sunam, Village – Harigarh, Po-Raidharana, Sangrur. Distt.Sangrur (Punjab). "थायी लेखा सं./Pan No: Ennpk8970H अपीलाथ"/Appellant ""यथ"/Respondent & आयकर अपील सं. Ita No. 802/Chd/2025 "नधा"रण वष" / Assessment Year: 2017-18 Baljinder Kaur, Vs The Ito, W/O Bhagwan Singh, Ward – Sunam, Village – Harigarh, Po-Raidharana, Sangrur. Distt.Sangrur (Punjab). "थायी लेखा सं./Pan No: Ennpk8970H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Kanav Goyal, Advocate For Shri Paras Jain, Advocate Revenue By : Shri Vivek Vardhan, Addl. Cit Sr.Dr Date Of Hearing : 02.07.2025 Date Of Pronouncement : 15.07.2025 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Kanav Goyal, Advocate for Shri Paras Jain, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT Sr.DR
Section 142(1)Section 144

आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘A’ CHANDIGARH