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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)

Bhattacharya Rubber Works (1964) Pvt. Ltd., Kolkata vs. I.T.O., Ward - 8(1), Kolkata

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

ITA 2084/KOL/2024[2017-2018]Status: DisposedITAT Kolkata22 Apr 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.2084/Kol/2024 Assessment Year: 2017-18 Bhattacharya Rubber Works (1964) Pvt. Ltd …….………………....Appellant 965, Jessore Road, Dum Dum, Kolkata-700055. [Pan: Aabcb8997M] Vs. Ito, Ward-8(1), Kolkata ……............................................…..…..... Respondent Appearances By: Shri Deep Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Altaf Hossain, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 16, 2025 Date Of Pronouncing The Order : April 22, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.08.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company. As Per Information Available With Income Tax Department, The Assessee Had Sold An Immovable Property For Rs.5,70,13,000/- During The F.Y 2016-17 Relevant To A.Y. 2017-18. Based On The Information, The Assessing Officer Believed That Income Had Escaped Assessment & Therefore, The Case Of The Assessee Was Reopened U/S 147 Of The By Issuing A Notice U/S 148 On 23.03.2021 With The Approval Of The Competent Authority. However, The Assessee Did Not File Return Of Income In Compliance To The Notice Issued U/S 148 Of The Act. Furthermore, A Questionnaire U/S 142(1) Dated 18.11.2021 Was Issued

Section 142(1)Section 144Section 147Section 148Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sonjoy