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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)

Prem Singh, Faridabad vs. Income Tax Officer, Ward-2(1), Faridabad

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

ITA 4043/DEL/2024[2011-12]Status: DisposedITAT Delhi09 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmanprem Singh, Vs. Ito, Ward 2 (1), H.No.225, Sector 45, Faridabad. Faridabad – 121 010 (Haryana). (Pan : Aezps5030F) (Appellant) (Respondent) Assessee By : Shri Bhupinderjit, Advocate Revenue By : Shri B.S. Anand, Sr. Dr Date Of Hearing : 05.03.2025 Date Of Order : 09.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 03.07.2024 For The Assessment Year 2011-12. 2. Brief Facts Of The Case Are, The Case Of The Assessee Was Reopened On The Basis Of Individual Transaction Statement Available On The Action Management System Of The Itd That Assessee Has Deposited Cash Aggregating To Rs.19,87,000/- In His Bank Account Maintained With Icici Bank Ltd. Bearing Account No.004601009337. Accordingly, Notices Were Issued To The Assessee Under Section 148 Of The Income-Tax Act, 1961 (For Short ‘The Act’). In Response, Assessee Submitted That The Return Filed On 30.07.2011 May Be Treated As Return

For Appellant: Shri Bhupinderjit, AdvocateFor Respondent: Shri B.S. Anand, Sr. DR
Section 142(1)Section 143(2)Section 147Section 148Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’: NEW DELHI BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER Prem Singh, vs. ITO

Kutch District Co-Operative Milk Producers Union Ltd., Anjar - Kutch vs. The Assessment Unit, Income Tax Department, New Delhi

ITA 113/RJT/2025[2018-19]Status: DisposedITAT Rajkot08 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.113& 114/Rjt/2025 (निर्धारण वर्ष / Assessment Years: (2018-19 & 2020-21) Kutch Dist. Co-Operative Milk Producers Union Ltd. C/O Apmc Premises, Versamedinaka, Near Railway Crossing, Anjar, Kukch-370 110 Vs. Income Tax Department, National E-Assessment Centre, Delhi स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaak 9845 N (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Akshay Modi, Ar राजस्व की ओर से / Revenue By :Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/05/2025 घोषणा की तारीख/Date Of Pronouncement : 08/05/2025 आदेश / Order Per Dr. A.L. Saini, A.Μ: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ays) 2018-19 & Ay 2020-21, Are Directed Against The Separate Orders Passed By The National Faceless Appeal Centre (Nfac), Delhi /Commissioner Of Income-Tax (Appeals) (For Short ‘Ld. Cit(A)/Nfac'), Both Dated 09.01.2025 Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act'), Which In Turn Arose, Out Of Separate Assessment Orders Passed By The National E-Assessment Centre, Delhi / Assessing Officer U/S 143(3) R.W.S. 143(3A) & 143(3B) R.W.S. 144B Of The Act, On 05.03.2021 & 25.9.2022, Respectively. 2. Since The Issues Involved In Both The Appeals Are Common & Identical; Therefore, We Have Clubbed These Appeals & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3.

For Appellant: Shri Akshay Modi, ARFor Respondent: Shri Sanjay Punglia, CIT-DR
Section 143(3)Section 250Section 270ASection 80P(2)(d)

PCIT and other material brought on record. We note that during the assessment proceedings, the Assessing Officer issued notice under section 142(1) of the Act, dated 16.01.2020, which is placed at paper book page no.15, wherein the Assessing Officer has especially asked the assessee, to furnish eligibility criteria ... furnish the documentary evidence in support of its claim of deduction under Chapter VI-A. In response to the said notice under section 142(1) of the Act, the assessee has submitted its reply, dated 01.12.2020 (vide paper book page nos. 17 to 21), before the Assessing Officer, the relevant