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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)

Lakshmi Narayana Chenna, Machilipatnam vs. Income Tax Officer, Ward-1, Machilipatnam

In the result, appeal filed by the assessee is allowed

ITA 530/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam13 Mar 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.530/Viz/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Lakshmi Narayana Chenna Vs. Income Tax Officer Machilipatnam Ward-1 [Pan : Dbaps5532K] Machilipatnam (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.Siva Rama Kumar, Ar (Through Hybrid Hearing) रधजस् व द्वधरध/Revenue By:: Dr.Aparna Villuri, Dr सुिवधई की तधरीख/Date Of Hearing: 11/03/2025 घोर्णध की तधरीख/Date Of 13/03/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.12.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], Mumbai, Relating To A.Y.2017-18. 2. The Brief Facts Of The Case Are That The Assessee, An Individual, Running Business Under The Name & Style Of Vara Sidhi Vinayaka Enterprises, Is Engaged In The Business Of Trading In Mobile Phones & Accessories. The Assessee Has Not Filed His Return Of Income For The A.Y.2017-18. Basing On The Information

For Appellant: Shri K.Siva Rama Kumar, ARFor Respondent: : Dr.Aparna Villuri, DR
Section 142(1)Section 144Section 69A

आयकर अपीलीय अधिकरण, विशाखापटणम पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH Before Shri Manjunatha G., Accountant Member

Ramakrishna Housingg, Vijayawada vs. Income Tax Officer, Ward-2(1), Vijayawada

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

ITA 515/VIZ/2024[2022-23]Status: DisposedITAT Visakhapatnam13 Mar 2025AY 2022-23

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.515/Viz/2024 (निर्धारण वर्ा/Assessment Year: 2022-23) Ramakrishna Housingg Vs. Income Tax Officer Vijayawada Ward-2(1) [Pan : Aasfr5923P] Vijayawada (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B.Srinivasa Rao & Ors. रधजस् व द्वधरध/Revenue By:: Dr.Satyasai Rath, Cit(Dr) सुिवधई की तधरीख/Date Of Hearing: 11/03/2025 घोर्णध की तधरीख/Date Of 13/03/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.11.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2022-23. 2. The Brief Facts Of The Case Are That The Assessee Is A Partnership Firm, Engaged In The Business Of Real Estate Development, Filed Its Return Of Income For The A.Y.2022-23 On 31.12.2022, Declaring Loss Of Rs.1,28,297/-. The Case Was Selected For Scrutiny & During The Course Of Assessment Proceedings, The 2 Ramakrishna Housingg Assessing Officer (“The Ao”) Issued Notice U/S 142(1) & 143(2) Of The Income Tax Act, 1961 (In Short “Act”) On Various Dates & Called Upon The Assessee To File Relevant Evidences, In Support Of Return Of Income Filed For The Year Under Consideration. The Assessee Neither Appeared, Nor Filed Any Evidences, Therefore, The Ao Issued Show Cause Notice & Called Upon The Assessee To Explain, As To Why The Assessment Proceedings Shall Not Be Completed In Terms Of Section 144 Of The Act. Once Again, The Assessee Did Not Furnish Any Details As Called For By The Ao. Therefore, The Ao Passed Ex-Parte Best Judgment Assessment Order U/S 144 Of The Act On 05.03.2024 & Determined Total Income At Rs.61,64,11,609/- By Making Various Additions To The Returned Loss.

For Appellant: Shri B.Srinivasa Rao & OrsFor Respondent: : Dr.Satyasai Rath, CIT(DR)
Section 142(1)Section 144

आयकर अपीलीय अधिकरण, विशाखापटणम पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH Before Shri Manjunatha G., Accountant Member

Palani Gurumurthy, Chennai vs. Non- Corporate Ward - 17(6), Chennai

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

ITA 2952/CHNY/2024[2012-2013]Status: DisposedITAT Chennai13 Mar 2025AY 2012-2013

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2952/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Palani Gurumurthy, Vs. The Income Tax Officer, No. 10A, Park Lane Paper Mills Road, Non Corporate Ward 17(6), Perambur, Chennai 600 011. Chennai. [Pan:Aihpg8291J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 12.03.2025 घोषणा की तारीख /Date Of Pronouncement : 13.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 81 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The 2

For Appellant: NoneFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 142(1)Section 144Section 148

assessee’s ICICI bank account No. 603801505936. The Assessing Officer sought for explanation from the assessee vide notice under section 142(1) of the Income Tax Act, 1961 3 I.T.A. No.2952/Chny/24 [“Act” in short]. According to the Assessing Officer, no return of income filed by the assessee for the year ... income. However, no return of income filed in response to the said notice under section 148 of the Act. Again, notice under section 142(1) of the Act seeking details regarding the cash deposits as found in the assessee’s bank account, however, there was no response from the assessee