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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)

Income Tax Officer, Barabanki vs. Sateesh Kumar, Barabanki

In the result, the appeal of the Revenue is dismissed

ITA 274/LKW/2024[2017-18]Status: DisposedITAT Lucknow25 Apr 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer, Vs. Sateesh Kumar, Barabanki, U.P. H. No.9, Bhitariya, Ramsanehighat, H/O Baneekodar, Barabanki, U.P. Pan:Ctjpk3341N (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Dated 13.03.2004 Partly Allowing The Appeal Of The Assesseee Against The Assessment Made Under Section 143(3) Of The Income Tax Act, 1961 On 24.09.2019. The Grounds Of Appeal Preferred By The Revenue Are As Under:- “1. Because On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law & In Facts While Deleting The Addition Of Rs. 77,96,530/- Under Section 69A Of The I.T Act 1961 By Suo-Moto Taking The Bank Deposits As Turnover & Estimating The Profit @ 8% Of Rs. 95,83,320/- Ignoring The Fact That The Assessee Has Not Furnished Complete Details Of Bank Deposits, The Same Is Added To The Total Income Of The Assessee As Unexplained Money U/S 69A Of The I.T. Act. 1961. 2. That The Order Of Cit (A), Being Erroneous In Law & In Facts Be Cancelled & The Order Of The Ao Be Restored. 3. Any Other Grounds Arose During The Proceedings Of Appeal.”

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 115Section 142(1)Section 143(3)Section 144(1)(b)Section 44ASection 69A

held that, as the assessee had failed to furnish the income tax return in response to his notices under section 142(1) and to furnish details regarding his income, the provisions of section 144(1)(b) were being invoked to complete the proceedings as a best judgment assessment, after affording

Sweta Agarwal, Kolkata vs. Income Tax Officer, Kolkata

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

ITA 2105/KOL/2024[2017-18]Status: DisposedITAT Kolkata25 Apr 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2105/Kol/2024 Assessment Year: 2017-2018 Sweta Agarwal,……………..…………...…………Appellant Room No. 8, 7, Raj Mohan Street, Kolkata-700073, West Bengal [Pan:Aiypa9816E] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-1(4), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Tarak Nath Jaiswal, A.R. & Shri Ashay Singiska, A.R., Appeared On Behalf Of The Assessee Shri Kallol Mistry, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 23, 2025 Date Of Pronouncing The Order: April 25, 2025 O R D E R

Section 142(1)Section 143(1)Section 143(2)Section 271A(1)(d)

demonetization period. Accordingly, system generated notice under section 143(2) of the Act dated 09.08.2018 was issued to the assessee. Further notice under section 142(1) dated 29.1.2019 was issued online to the assesese requiring it to furnish certain details/documents relating to this case. However, no compliance was made ... cash deposit of Rs.22,26,000/- in the Bank accounts of the assessee during demonetization period i.e. 08.11.2016 to 31.12.2016, notice under section 142(1) dated 29.01.2019 along with questionnaire were issued to the assessee. But the assessee did not make any compliance. The ld. Assessing Officer treated this amount

K 629 Merkupathy Primary Agricultural Co Op Credit Society, Tirupur vs. Income Tax Officer, Ward 1(2) Tirupur, Tirupur

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

ITA 575/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.575/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 K 629 Merkupathy Primary Agricultural Vs. The Income Tax Officer, Co-Op. Credit Society, Ward 1(2), Abishekarapuram, Kunnathur, Tirupur. Tirupur 638 103. [Pan:Aabak6176B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. A. Vijayalakshmi, Ca (Virtual) ""थ" की ओर से/Respondent By : Shri M.P. Guru Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2020-21. 2. Ground No. 1 & 2 Raised By The Assessee Involving Only Issue As To Whether The Ld. Cit(A) Is Justified In Confirming The Order Of The Assessing Officer Passed Under Section 272A(1)(D) Of The Income Tax Act, 1961

For Appellant: Ms. A. Vijayalakshmi, CA (Virtual)For Respondent: Shri M.P. Guru Prasad, Addl. CIT
Section 142(1)Section 143(2)Section 144Section 272A(1)(d)Section 273Section 273B

Assessing Officer stated that during the course of assessment proceedings, notice under section 143(2) of the Act dated 29.06.2021 and notices under section 142(1) of the Act dated 08.11.2021 & 25.11.2021 have been issued by the Assessing Officer. According to the Assessing Officer, the said 3 notices were served ... compliance. Admittedly, there was no response to the statutory notices issued under section 143(2) of the Act and the notices issued under section 142(1) of the Act. Para 2 of the penalty order clearly shows that one notice under section 143(2) of the Act and 2 notices

Mr. Anguraju Sengottuvelan, Salem vs. ITO, Ward-1, Salem

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

ITA 567/CHNY/2025[2011-12]Status: HeardITAT Chennai25 Apr 2025AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.567/Chny/2025 िनधा"रण वष"/Assessment Year: 2011-12 Mr. Anguraju Sengottuvelan, Vs. The Income Tax Officer, No. 1, Maruthi Vilas, North Street, Ward 1(3), High School Road, Velur, Salem. Namakkal 638 182. [Pan:Aysps6739A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri M.P. Guru Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2011-12. 2. We Find That This Appeal Is Filed With A Delay Of 210 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: NoneFor Respondent: Shri M.P. Guru Prasad, Addl. CIT
Section 139(1)Section 142(1)Section 143(2)Section 144Section 148Section 69A

short], but no 3 I.T.A. No.567/Chny/25 compliance was made by the assessee in filing the return of income. Further, notice under section 142(1) of the Act, show-cause notice and draft assessment order under section 144 of the Act were also issued and served on the assessee. According

Pioneer Education Society, Haryana vs. ITO, Patna

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

ITA 405/PAT/2024[2016-17]Status: DisposedITAT Patna24 Apr 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 405/Pat/2024 Assessment Year: 2016-2017 Pioneer Education Society,……….…….....……Appellant C-310/311, Unitech Business Zone Nirvana Country, South City-Ii, Sector-50, Haryana, Pin Code No.122018 [Pan:Aadap0174C] -Vs.- Income Tax Officer,……………………………….Respondent Ward-1(1), Patna, Lok Nayak Jai Prakash Bhawan, New Dak Bunglow, Patna-800001, Bihar Appearances By: Shri Yatin Sharma, Advocate, Appeared On Behalf Of The Assessee Rinku Singh, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 21, 2025 Date Of Pronouncing The Order: April 24, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 271(1)(b)Section 68

Income Tax Act was issued to the assessee but there was no compliance by the assessee. Further notice under section 142(1) of the Act along with questionnaire, digitally signed, was issued to the assessee, but no compliance was made by the assessee to the above statutory notices. Again, notice ... under section 142(1) was issued and getting no compliance from the side of assessee, penalty notice under section 271(1)(b) was issued to the assessee on 30.11.2018 requiring compliance on 05.12.2018. Again, letter under section 133(6) was issued to the Branch Manager, Axis Bank, Valachery Branch, Chennai