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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)

Omkara Impex and Merchandise LLP, Ahmedabad vs. The ACIT, Circle-3(3)(2), Ahmedabad

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

ITA 809/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad27 Feb 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.809/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2014-15 Omkara Impex & The Acit Merchandise Llp बनाम / Circle-3(3)(2) 301, Primate V/S. Ahmedabad – 380 015 Judges Bungalows Road Bodakdev Ahmedabad - 380 054 स्थायी लेखा सं./Pan: Aaefo 2861 K (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By : Shri Kushal Fofaria, Ar Revenue By : Shri Waghe Prasadrao, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 27/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 14/03/2024, Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Cit(A)"], Confirming The Order Of The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] For The Assessment Year (Ay) 2014-15.

For Appellant: Shri Kushal Fofaria, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 144Section 147Section 148Section 151Section 250(6)Section 271(1)(c)

file its return of income in response to the notice under Section 148 of the Act. The AO issued multiple notices under Sections 142(1) and 143(2) of the act, calling for details. However, the assessee remained non-compliant and failed to furnish supporting documents to substantiate the purchases

Blueview Agencies Pvt. Ltd., Odisha vs. I.T.O., Ward - 5(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2510/KOL/2024[2009-2010]Status: DisposedITAT Kolkata27 Feb 2025AY 2009-2010

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2510/Kol/2024 Assessment Year: 2009-10 Blueview Agencies Pvt. Ltd. .……………………………………..….……….Appellant Lamtibahal, Brajrajnagar, Jharsuguda – 768216, Odisha. [Pan: Aadcb6386Q] Vs. Ito, Ward-5(1), Kolkata….……..............................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Madanappa Raghuvir, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26, 2025 Date Of Pronouncing The Order : February 27, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 04.10.2024 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 Filed Its Return For The Assessment Year 2009-10 By Declaring Total Income Of Rs.1,890/-. The Return Of The Assessee Was Processed U/S 143(1) Of The Act. The Assessee Derives Its Income From Share Dealing & Investments. The Assessing Officer On Examination Of The Balance Sheet & Profit & Loss Account Of The Assessee Found That Certain Expenses Which Were Disallowable Has Not Been Disallowed & Certain Income Did Not Disclose In Its Return. Therefore, The Assessing Officer Issued Notice U/S 148 & Subsequently, An Order U/S 147/143(3) Of The Act Was Passed By Determining Total Income Of Rs.27,650/-. Later On, The Ld. Cit, Kolkata-Ii Found That Requisite & Proper Enquiries Were Not Concluded Regarding The Identity

Section 142(1)Section 143(1)Section 147Section 148Section 14ASection 250Section 250(6)Section 263

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