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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)

M/S Asit Dixit, Jabalpur vs. Income Tax Officer Ward 2(2), Jabalpur

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

ITA 177/JAB/2024[2005-06]Status: DisposedITAT Jabalpur30 Jun 2025AY 2005-06

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2005-06 M/S Asit Dixit, Kartik Hotel, Near Vs. The Ito, Naudra Bridge, Jabalpur, M.P. Ward-2(2), Jabalpur Pan:Ggkps4130P (Appellant) (Respondent) Assessee By: Sh. Sanjay Seth, Ca Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 21.05.2025 Date Of Pronouncement: 30.6.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Learned Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Dated 25.09.2024 Wherein The Learned Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Assessment Order Passed Under Section 254/147/144 Of The Income Tax Act By The Assessing Officer On 27.03.2023. The Grounds Of Appeal Are Under: - “1. That On The Facts & In The Circumstances Of Case The Addition Made Is Patently Wrong & Unwarranted As The Ao Has Not Followed The Order Of Hon’Ble Itat Bench Jabalpur For Verification Of Capital Introduced Of Rs. 37,00,000/- By Late Santosh Kumar Jaiswal. Notice Issued By Cit(A) For Fixing The Case For Hearing Are Not Seen As All Are Received In The Spam Folder & Due To Which The Notices Sent Through Mail Were Not Seen By The Assessee & The Reply Before The Cit (A) Could Not Been Submitted & The Ex-Party Order Was Passed & Appeal Was Dismissed. It Is Requested Kindly Delete The Addition Made By Ao.

For Appellant: Sh. Sanjay Seth, CAFor Respondent: Sh. Alok Bhura, Sr. DR
Section 142(1)Section 144Section 184(5)Section 250Section 254

furnish any reply to the satisfaction of the ld. AO. Therefore, the ld. AO issued a show cause notice alongwith notice under section 142(1) on 20.03.2023, in response to which the assessee submitted a reply, the details of which are reproduced in the assessment order. After considering the same