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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)

Satishbhai Mohanbhai Zalavadia, Na vs. Ari, Vs.the Principal Commissioner of Income Tax, Rajkot-1, Rajkot

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

ITA 122/RJT/2022[2017-18]Status: DisposedITAT Rajkot10 Jun 2025AY 2017-18

Bench: Dr. A.L. Saini, Am & Shri Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.122/Rjt/2022 ("नधा"रण वष" / Assessment Year: (2017-18) (Physical He Aring) Satishbhai Mohanbhai Zalavadia, The Pr. Cit – 1, Vs. 2622, Sarvoday Park, Khundh Rajkot Khundh, Chikhli, Navsari - 396521 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acnpp0527F (Appellant) (Respondent) Appellant By : Shri Rajendra Singhal, Ar Respondent By : Shri Shramdeep Sinha, Cit-Dr Date Of Hearing : Heard On 23/07/2024 & Refix For Clarification On 24.04.2025

For Appellant: Shri Rajendra Singhal, ARFor Respondent: Shri Shramdeep Sinha, CIT-DR
Section 143(2)Section 143(3)Section 263

conduct in-depth enquiry, to find out the source of cash deposit in the bank account. Just to issue notice under section 142(1) of the Act, and reply by the assessee, in response to the notice of the assessing officer, is not sufficient, and therefore order passed ... during the course of assessment proceedings. It means, enquiry was conducted by the assessing officer, during the assessment proceedings by issuing notice under section 142(1) of the Act, and assessee submitted its detailed reply along with documentary evidences, before the assessing officer, in response to the notice under section

Kuntamukkala Premary Agriculture Co-Operative Credit Society Ltd, G Konduru vs. Income Tax Officer, Ward 1(3), Vijayawada

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

ITA 247/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam10 Jun 2025AY 2017-18

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.247/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Kuntamukkala Primary Agriculture V. Income Tax Officer – Ward – 1(3) C.R. Building, 1St Floor Annex. Co-Operative Credit Society Ltd. G-2157, Kuntamukkala Pacs M.G. Road, Vijayawada – 520002 Kuntamukkala, G. Konduru Mandal Andhra Pradesh Andhra Pradesh – 521229 [Pan: Aabak5873H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 139(1)Section 142(1)Section 144Section 80PSection 80P(2)(a)

filed return of income under section 139(1) of the Act. Ld. Assessing Officer [hereinafter in short “Ld.AO"] issued notices under section 142(1) of the Act dated 15.02.2018, 07.08.2019 and 24.08.2019 requiring the assessee to file its return of income and to furnish information. In response, assessee filed ... 1) of the Act. Further, in Page No. 5 I.T.A.No.247/VIZ/2024 Kuntamukkala Primary Agriculture Co-operative Credit Society Ltd. response to notice under section 142(1) of the Act issued on 15.02.2018, 07.08.2019 & 24.08.2019, assessee belatedly filed the return of income on 07.09.2019 by claiming deduction under section