← All Phrases

“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)

Darshi A. Shah, Ahmedabad vs. The ITO, Ward-1 (Intl. Taxation), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1857/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Apr 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1857/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Darshi A Shah The Ito 17, Haveli Apartment, Ward-1(Intl. Taxation), Vs. Ambawadi, Ahmedabad Ahmedabad- 380006 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bzwps8361J (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Atul Pandey, Sr. Dr 22/04/2025 Date Of Hearing Date Of Pronouncement 24/04/2025 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (In Short ‘The Cit(A)’), Dated 30/08/2024 For The Assessment Year (A.Y.) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Had Filed His Return Of Income For A.Y. 2017-18 On 22.07.2017 Declaring Total Income Of Rs.4,61,850/-. The Case Was Selected For Scrutiny To Examine The Cash Deposits In The Bank Account. In The Course Of Assessment, No Compliance Was Made By The Assessee. Therefore, The Assessment Was Completed Ex-Parte Under Section 144 Of The Income Tax Act, 1961 (In Short ‘The Act’) On 25.11.2019 At Total Income Of

For Appellant: Shri Parin Shah, A.RFor Respondent: Shri Atul Pandey, Sr. DR
Section 142(1)Section 144Section 234BSection 271ASection 69A

lower authorities. 7. We have carefully considered the rival submissions. The assessee has brought on record a copy of notice under section 142(1) dated 8.10.2018 for the A.Y. 2016-17 wherein a specific query was made by the AO in respect of cash in hand of Rs.13

Cowa Communication Network, Warangal vs. Income Tax Officer, Ward -1, Warangal

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

ITA 414/HYD/2025[2018-19]Status: DisposedITAT Hyderabad24 Apr 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.414/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Cowa Communication Vs. Income Tax Officer Network, Warangal Ward-1 Pan:Aaifc9267D Warangal (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri, K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri Y Srikanth Reddy, Dr सुनवाई की तारीख/Date Of Hearing: 21/04/2025 घोषणा की तारीख/Pronouncement: 24/04/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated, 13/01/2025 Of The Learned Cit (A)-Nfac Delhi, For The A.Y. 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Ld. First Appellate Authority Confirming The Order U/S 147 R W S 144 Of The L. T. Act Is Arbitrary & Contrary To The Provisions Of Law & Facts Sf The Case. 2. The Ld. First Appellate Authority Is Not Justified In Confirming The Addition Towards Unverifiable Expenses Of Rs.38,35,086/- Disallowed U/S 37(1) Of The Income Tax Act.

For Appellant: Shri, K.A. Sai Prasad, CAFor Respondent: : Shri Y Srikanth Reddy, DR
Section 142(1)Section 147Section 37(1)

ITA No 414 of 2025 COWA Communication Network आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE