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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)

ACIT Spl. Range-7, New Delhi vs. Prudent-Agri Commodities India Private Limited, New Delhi

In the result, the appeal filed by the Revenue partly allowed

ITA 1743/DEL/2019[2014-15]Status: DisposedITAT Delhi09 Jul 2025AY 2014-15

Bench: Shri Shamim Yahya & Shri Vimal Kumara.Y.: 2014-15 Acit, Special Range-7, Prudent Agri Commodities C.R. Building, New Delhi Vs India Pvt. Ltd., (Earlier M/S Sunder Agri Commodities India Pvt. Ltd.) 68/2, Rnm Centre, Janpath New Delhi – 110 001 (Pan: Aascs3922N) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Adv., Ms. Ananya Kapoor, Adv., Sh. Sumit Lal Chandani, Adv. & Sh. Shivam Yadav, Adv. Department By : Ms. Harpreet Kaur Hansra, Sr. Dr. Date Of Hearing : 26.06.2025 Date Of Pronouncement : 09.07.2025 Order Per Shamim Yahya, Am : This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Cit(A)-Xxv, New Delhi Dated 21.12.2018 Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That Assessee Company E-Filed Its Return Of Income For Ay 2014-15 On 26.11.2014 Declaring An Income Of Rs. 1,06,26,080/- The Case Was Selected For Scrutiny Assessment Under Cass & Statutory Notice U/S. 143(2) Of The Act Was Issued On 28.08.2015. Thereafter, Notice Under Section 142(1) Of The I.T. Act, 1961 Was Issued On 06.06.2016 & 12.09.2016

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10(35)Section 142(1)Section 143(2)Section 14ASection 37

selected for scrutiny assessment under CASS and statutory notice u/s. 143(2) of the Act was issued on 28.08.2015. Thereafter, notice under section 142(1) of the I.T. Act, 1961 was issued on 06.06.2016 and 12.09.2016, in response thereof the Ld. AR of the assessee attended the proceedings from time

Himgiri Realtors Pvt. Ltd., New Delhi vs. ITO, Ward- 11(3), New Delhi

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

ITA 7080/DEL/2018[2012-13]Status: DisposedITAT Delhi09 Jul 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarhimgiri Realtors Private Limited, Vs. Ito, Ward 11 (3), Flat No.818, 8Th Floor, New Delhi. Devika Tower 6, Nehru Place, New Deli – 110 019. (Pan : Aabch6093E) (Appellant) (Respondent) Assessee By : Shri I.P. Bansal, Advocate Shri Vivek Bansal, Advocate Revenue By : Shri Dayainder Singh Sidhu, Cit Dr Date Of Hearing : 04.06.2025 Date Of Order : 09.07.2025 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)-35, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 28.08.2018 For Assessment Year 2012-13 Raising Following Revised Grounds Of Appeal :- “1. That Under The Facts & Circumstances Of The Case, The Impugned Appeal Order Is Bad In Law, Illegal & In Violation Of Rudimentary Principal Of Contemporary Jurisprudence.

For Appellant: Shri I.P. Bansal, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 133(6)Section 142(1)Section 2(22)(e)Section 68

proceedings, Assessing Officer observed that assessee had 3 declared short term borrowings of Rs.21,68,65,877/- as on 31.03.2012. Vide notice under section 142(1) of the Income-tax Act, 1961 (for short ‘the Act’) was issued to the assessee to furnish the details of the abovesaid short term