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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)

ITO, Ward - 11(1), Kolkata vs. Sumangal Forex & Travels Pvt Ltd, Kolkata

ITA 2211/KOL/2024[2018-19]Status: DisposedITAT Kolkata11 Feb 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2211/Kol/2024 Assessment Year: 2018-19 Ito, Ward-11(1), Kolkata …………………………………………….…..……Appellant Vs. Sumangal Forex & Travels Pvt. Ltd…………...........……........……...…..…..Respondent 9, Baliaghata Road, Kol-700015. [Pan: Aavcs1781J] C.O. No.60/Kol/2024 (Arising Out Of I.T.A. No.2211/Kol/2024 Assessment Year: 2018-19 Sumangal Forex & Travels Pvt. Ltd ……………….………………..….…..Cross-Objector 9, Baliaghata Road, Kol-700015. [Pan: Aavcs1781J] Vs. Ito, Ward-11(1), Kolkata................................................……........……...…..…..Respondent Appearances By: Shri Srikumar Banerjee, Ar, Appeared On Behalf Of The Assessee. Shri Arun Kr. Tiwari, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 10, 2024 Date Of Pronouncing The Order : February 11, 2024 Order Per Sonjoy Sarma: The Revenue Has Filed An Appeal Against The Order Dated 25.07.2024 By The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] & The Assessee Has Filed The Corresponding Cross- Objection Relating To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Is A Company & Engaged In Foreign Currency Exchange Business As Forex Dealer. The Assessee Filed Its Return Of Income For Assessment Year 2018-19 Declaring Total Income Of Rs.1,45,236/-. Since, The Assessee Was Non-Responsive Before The Investigation Wing As Well As Before The Assessing Officer, The

Section 142(1)Section 147Section 148Section 69A

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

Surendra Kumar Mishra, Allahabad vs. ACIT, Cir-2, Allahabad

In the result, the appeal of the assessee is dismissed

ITA 140/ALLD/2023[2002-03]Status: DisposedITAT Allahabad10 Feb 2025AY 2002-03

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2002-03 Surendra Kumar Mishra, Vs. Assistant Commissioner Of 794A/1, Sohabatiyabagh, Income Tax, Circle-2, Allahabad Allahabad-211006, U.P. Pan:Aibpm4858R (Appellant) (Respondent) Assessee By: Sh. Ashish Bansal, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 10.02.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Under Section 250 R.W.S. 254 Of The Income Tax Act, 1961 On 26.10.2023. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because The Cit(A) Has Erred In Law As Well As On Facts In Dismissing The 'Additional Ground' Relating To Non-Issuance Of Notice Under Section 143(2) Of The Act, Raised Before The Appellate Authority During The Course Of First Round Of Litigation, Which Has Been Remanded Back By The Hon'Ble Itat In Terms Of Order Dated 09.11.2012, By Observing That The Return Filed By The Appellant In Terms Of Letter Dated 10.11.2008 As Not A Valid Return In Compliance To Notice Dated 11.02.2008 Issued Under Section 148 Of The Act, As The Said Letter Was Filed By The Appellant After The Time Limit Of 30 Days Provided To Do So In Terms Of Notice Dated 11.02.208 Issued Under Section 148 Of The Act. 2. Because The Cit(A) Has Erred In Law As Well As On Facts In Observing That The Appellant Could Not Have Demand For Issuance Of Notice Under Section 143(2) Of The 1 Surendra Kumar Mishra

For Appellant: Sh. Ashish Bansal, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 143(2)Section 148Section 250Section 69C

appellant to file his return after the issuance of notice dated 11.02.2008, as the Id. Assessing Officer himself had issued notice under section 142(1) of the Act, after the issuance of notice under section 148, requiring the appellant to prepare true and correct return and file the same before ... section 148 i.e. 28.02.2008. The assessee did not furnish the return of income under section 148 during the stipulated period. Thereafter, notice under section 142(1) was issued to the assessee requiring him to produce information and documents necessary for completing the assessment. The assessee sought adjournment on 10.09.2008, which