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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)

Chandra Bosu Babu Ramesh Yangala, Gudivada vs. Income Tax Officer, Ward-1, Gudivada

In the result, appeal of the assessee is allowed

ITA 214/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam10 Jul 2025AY 2017-18

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.214/Viz/2025 (निर्धारणवर्ा/ Assessment Year: 2017-18) Vs. Income Tax Officer-Ward – 1 Chandra Bosu Babu Ramesh Yangala Asst. City Planner Gudiwada, Andhra Pradesh Gudivada Municipality Gudivada – 521301 Krishna District, Andhra Pradesh [Pan:Acspy1662Q] (अपीलधर्थी/Assessee) (प्रत्यर्थी/Respondent) : Shri K. Siva Rama Kumar, Ca करदाता का प्रतततितित्व/ Assessee Represented By राजस्व का प्रतततितित्व/ Department Represented By : Dr.Aparna Villuri, Sr. Ar

Section 144Section 250

Face, HDFC Bank, Rajahmundry and Axis Bank, Koramangala amounting to Rs. 10,00,000/- during the demonetization period. Notice dated 13.03.2018 under section 142(1)(i) of the Act was issued to the assessee calling for return of income. Since the assessee did not file any return of income till ... also obtained information from the banks as per the provisions of section 133(6) of the Act. In response to the notice under section 142(1)(i) of the Act, assessee filed explanation for the sources of cash deposits made during the demonetization period by stating that

Ashish Sindwani, Nilokheri, Haryana vs. Income Tax Officer, Ward- 1, Karnal

In the result, appeal of the assessee is partly allowed

ITA 1607/DEL/2024[2017-18]Status: DisposedITAT Delhi10 Jul 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1607/िद"ी/2024(िन.व. 2017-18) Ashish Sindwani, Nilokheri, C/O Rajiv Goel & Associates, 179, Bank Road, Ambala Cantt, Haryana 133001 ...... अपीलाथ"/Appellant Pan: Dtnps-9951-M बनाम Vs. Income Tax Officer, Ward-1, Aayakar Bhawan, ..... "ितवादी/Respondent Sector-12, Karnal, Haryana 132001 Assessee By : Shri Dhruv Goyal, Chartered Accountant Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 10/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 09.02.2024, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Assailed The Order Of Cit(A) On Two Counts:- “(I) Confirming Addition Of Rs.24,77,940/- U/S. 69A Of The Act, On Account Of Cash Deposits During The Period Of Demonization; &

For Appellant: Shri Dhruv Goyal, Chartered AccountantFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 115BSection 144Section 44Section 44ASection 69A

आयकर अपीलीय अिधकरण िद"ी पीठ “ए”, िद"ी "ी िवकास अव"थी, "ाियक सद" एवं "ी एस "रफौर रहमान, लेखाकार सद" के सम

Kajal Nimishbhai Sinojia, Rajkot vs. ITO WD 1(1)(1), RKT, Rajkot

Appeal is allowed for statistical purpose

ITA 664/RJT/2024[2015-16]Status: DisposedITAT Rajkot09 Jul 2025AY 2015-16

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.664/Rjt/2024 "नधा"रणवष" / Assessment Year: (2015-16) (Hybrid Hearing) Kajal Nimishbhai Sinojia Vs. Income-Tax Officer, B-21 Shreeji Haridwar Society,Nr Ito Ward – 1(1)(1), Gokuldham, Aaykar Bhavan, Rajkot - 360004 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bsups2455J (Appellant) (Respondent) Appellant By : Shri Chetan Agarwal, Ld. Ar Respondent By : Shri K. L. Solanki, Ld. Sr. Dr Date Of Hearing : 24 / 04 /2025 Date Of Pronouncement : 09 / 07/2025

For Appellant: Shri Chetan Agarwal, Ld. ARFor Respondent: Shri K. L. Solanki, Ld. Sr. DR
Section 142(1)Section 147Section 148Section 271Section 271(1)(b)Section 272A(1)(d)Section 273BSection 69C

prevailing position of law applicable on such facts, I find that the appellant has failed to comply with the notice(s) issued under section 142(1) of the Act, and that the appellant has not been able to establish that there was any reasonable cause for such failure, within ... appeal proceedings. There is no dispute on the fact that the appellant has failed to comply with the statutory notice(s) issued under section 142(1) in the course of assessment proceedings, on various dates. During the penalty proceedings, notices were issued asking the appellant to show cause