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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)

Mrs. Jayashree Subhash Dudhal, Mumbai vs. ITO 27(1)(5), Mumbai

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

ITA 6785/MUM/2024[2017-18]Status: DisposedITAT Mumbai21 Feb 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Shri. Omkareshwar Chidara, Am Mrs. Jayashree Subhash Dudhal Ito 27(1)(5) 410, 4Th Floor, Tower 6, Vashi, 1801/A, Rayan Park, Bhiwandi Link Vs. Road, Govandi, Mumbai – 400043. Mumbai – 400703. Pan/Gir No. Asppd9987Q (Assessee) : (Respondent) Assessee By : Shri. Gautam Ravaria Respondent By : Shri. P. D. Chougule Sr. Dr. Date Of Hearing : 19.02.2025 Date Of Pronouncement : 21.02.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2017-18. 2. The Assessee Has Challenged This Appeal On The Following Grounds Of Appeal: - “1. On Given Facts, Hon. Cit (Appeals) Erred In Mentioning The Incorrect Assessment Year While Passing The Order. The Appeal Was Filed For Assessment Year (Ay) 2017-18, But The Order Incorrectly States The Assessment Year As Ay 2022-23. 2. On Given Facts, The Assessing Officer Considered My Business Deposits Into My Current & Savings Accounts As Deposits Of Undisclosed Income, Rather Than Recognizing Them As Business Receipts. However, If You Kindly Review My Bank Statements For The Entire Year Or For A Longer Period, You Will See That It Is A Common Practice For Me To Deposit Cash Receipts From Sales.” Mrs. Jayashree Subhash Dudhal

For Appellant: Shri. Gautam RavariaFor Respondent: Shri. P. D. Chougule SR. DR
Section 142(1)Section 147Section 148Section 250Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SHRI. OMKARESHWAR CHIDARA, AM Mrs

Sri Lakshmi Venkateswara Mutually Aided Cooperative Society Limited, Visakhapatnam vs. Income Tax Officer, Ward-1(1), Visakhapatnam

ITA 140/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam20 Feb 2025AY 2018-19

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.T.A.No. 140/Viz/2024 (निर्धारण वर्ष/ Assessment Year: 2018-19) Sri Lakshmi Venkateswara Mutually Aided Cooperative Society Limited D.No. 49-12-33 Lalitha Temple Street Lalitha Nagar, Akkayyapalem Visakhapatnam – 530016 Andhra Pradesh [Pan: Aadas2078L] (अपीलार्थी/ Appellant) V. Income Tax Officer – Ward – 1(1) Income Tax Office Pratyakshakar Bhavan Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Smt A. Aruna, Advocate : Dr. Aparna Villuri, Sr. Ar : 06.02.2025 : 20.02.2025 आदेश /Order Per Shri S Balakrishnan: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter In Short "Ld.Cit(A)"] Vide Din & Order No.

Section 143(3)

scheme, 2019 on the following issues: - i. Investments / advances / Loans ii. Deductions from Total Income under Chapter VI-A. 5. Subsequently, notice under section 142(1) of the Act was issued to the assessee on 28.11.2020 and 15.03.2021 along with the questionnaire. In Page No. 3 I.T.A. No. 140/VIZ/2024