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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)

Aamnaben Gafar Madkiya, Jamnagar vs. ITO, Ward - 2(10), Jamnagar

ITA 761/RJT/2024[2013-14]Status: DisposedITAT Rajkot29 May 2025AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.761/Rjt/2024 "नधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Amana Gafar Madakiya Vs. Ito, Ward – 2(10), Jamnagar, Ghela Patel Delo, Head Post Aaykar Bhawan, Nr Subhas Office, Ghachiwad, Bridge, Jamnagar Rajkot Jamnagar-361001 Highway, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bylpm2878L (Assessee) (Respondent) Assessee By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) Date Of Hearing : 05/03/2025 Date Of Pronouncement : 29/05/2025 आदेश / O R D E R Per A. L. Saini, Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2013-14, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 07.08.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer, Dated 30/03/2022, U/S 147 R.W.S. 144 & 144B Of The Income Tax Act, 1961. 2. The Grounds Of Appeals Raised By The Assessee Are As Follows:

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 133(6)Section 143(2)Section 147Section 148Section 151Section 250Section 55A

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN

Rupesh Mahendra Kankariya, Ahmednagar vs. ITO Ward 1, Ahmednahgar, Ahmednagar

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 465/PUN/2025[2013-14]Status: DisposedITAT Pune29 May 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.465/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Rupesh Mahendra Kankariya, Vs. Ito, Ward-1, Ahmednagar. B Namrata Marbles, Tilak Road, Ahmednagar- 414001. Pan : Arspk8493L Appellant Respondent Assessee By : Miss Kimaya Kudva Revenue By Shri Milind Debaje : Date Of Hearing 22.04.2025 : Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In; I. Concluding That The Appellant'S Request For Condonation Of Delay In Filing The Appeal Was Without Any Reasonable Cause, Rejecting The Application & Dismissing The Appeal In Limine. Ii. Dismissing The Appeal Ex-Parte Without Adjudicating The Ground Challenging Levy Of Penalty Of Appeal On Merits.

For Appellant: Miss Kimaya Kudva
Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 274

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY

Anwar Sulthan Akbar Ali, Tiruvallur vs. ITO, Ncw-19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 461/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.460 & 461/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Anwar Sulthan Akbar Ali, Vs. The Income Tax Officer, No. 5131, Mosque Road, Non Corporate Ward 19(3), Ayapakkam, Tiruvallur 600 077. Chennai. [Pan:Aonpa4265J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. First, We Shall Take Up Appeal In Ita No. 460/Chny/2025 For Adjudication Of Confirmation Of Quantum Addition.

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Krishna Kumar, JCIT
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 271Section 69A

dated 31.03.2021 through ITBA. However, the assessee did not file the return of income. Thereafter, the Assessing Officer issued notices under section 142(1) of the Act dated 10.11.2021, 08.02.2022 & 17.02.2022 and also issued show-cause notice under section 144 of the Act dated 24.02.2022. Since the assessee

Anwar Sulthan Akbar Ali, Tiruvallur vs. ITO, Ncw-19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 460/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.460 & 461/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Anwar Sulthan Akbar Ali, Vs. The Income Tax Officer, No. 5131, Mosque Road, Non Corporate Ward 19(3), Ayapakkam, Tiruvallur 600 077. Chennai. [Pan:Aonpa4265J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. First, We Shall Take Up Appeal In Ita No. 460/Chny/2025 For Adjudication Of Confirmation Of Quantum Addition.

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Krishna Kumar, JCIT
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 271Section 69A

dated 31.03.2021 through ITBA. However, the assessee did not file the return of income. Thereafter, the Assessing Officer issued notices under section 142(1) of the Act dated 10.11.2021, 08.02.2022 & 17.02.2022 and also issued show-cause notice under section 144 of the Act dated 24.02.2022. Since the assessee

Chengalvarayan Banuprakash, Okkyam Thoraipakkam vs. Office of the Commissioner of Income Tax Appeal, Addl / JCIT(A), Thane

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

ITA 362/CHNY/2025[2017-18]Status: DisposedITAT Chennai29 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.362/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Chengalvarayan Banuprakash, Vs. The Income Tax Officer, Plot No. 35, 2Nd Floor, 2C, Royal Non Corporate Ward 17(6), Enclave, Annai Indira Nagar, Okkyam Chennai. Thoraipakkam, Chennai 600 097. [Pan:Ajkpb3125C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 05.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2024 Passed By The Addl./Jcit(A), Thane For The Assessment Year 2017-18. 2. We Note That This Appeal Was Filed On 03.02.2025 & After Scrutiny; The Registry Fixed The Appeal For Hearing On 28.04.2025. Accordingly, A Notice Dated 21.03.2025 Issued To The Assessee By Rpad Intimating The Said Date Of Hearing Along With A Defect Memo. We Note That The Assessee Rectified The Defect Notified By The Registry. When The Appeal

For Appellant: NoneFor Respondent: Shri P. Krishna Kumar, JCIT
Section 133(6)Section 142(1)Section 143(2)Section 69ASection 80E

payments made for credit card purchases. Accordingly, the Assessing Officer issued notices under section 143(2) of the Act dated 16.08.2018, notice under section 142(1) of the Act dated 04.07.2019 and notice under section 142(1) r.w.s. 129 of the Act dated 01.10.2019. The Assessing Officer also issued notice

Assistant Commissioner of Incometax, Madurai vs. V V Marine Products, Tirunelveli

In the result, the appeal filed by the Revenue is dismissed

ITA 3029/CHNY/2024[2021-22]Status: DisposedITAT Chennai29 May 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 3029/Chny/2024 िनधा"रण वष"/Assessment Year: 2021-22 The Assistant Commissioner Of Vs. V V Marine Products, Income Tax, No. 17C, Keeraikaran Thattu, Central Circle 2, Tisayanvillai, Tirunelveli 627 657. Madurai. [Pan:Aalfv2122R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By Shri R. Venkata Raman, C.A., : Shri R.S. Lakshmi Narayana, Advocate & Shri K. Vishwa Padmanaban, Ca सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 30.09.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai For The Assessment Year 2021-22. 2. The Appellant-Revenue Raised 6 Grounds Of Appeal, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer On Account Of Claim Of Sales Promotion Expenses.

For Appellant: Ms. E. Pavuna Sundari, CIT
Section 142(1)Section 37

assessment order discussed the issue of sales promotion expenses; wherein, he asked the assessee to furnish details vide notice under section 142(1) of the Act. The assessee filed reply. The Assessing officer observed that no documentary proof was furnished for the nature of service received and the copy ... page 8 of the paper book, submits that the assessee furnished all the details through e- mail, in compliance against notice under section 142(1) of the Act. Further, he referred to pages 9 & 10 and submits that the assessee furnished all the details in respect of sales promotion expenses