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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)

Ramchand Through Legal Heir Sh. Chander Mohan, Near Gol Kothi, Hansi vs. Income Tax Officer, Ward-3, Hisar

In the result, appeal of the assessee is allowed

ITA 1525/DEL/2024[2011-12]Status: DisposedITAT Delhi03 Feb 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.1525/िद"ी/2024 (िन.व. 2011-12) Ramchand Through Legal Heir, Sh. Chander Mohan, 733, Ward-3, Near Gol Kothi, Rampura Mohalla, Hansi, Haryana 125033 ...... अपीलाथ"/Appellant Pan: Avdpr-8470-R बनाम Vs. Income Tax Officer, Ward-3, Aayakar Bhawan, Sector-14, Hisar, ..... "ितवादी/Respondent Haryana 125001 अपीलाथ" "ारा/ Appellant By : Shri Kuldip Khera, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 03.02.2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 03.02.2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 24.08.2023, For Assessment Year 2011-12. 2. The Appeal Is Time Barred By 164 Days. The Assessee Has Filed An Application For Condonation Of Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Was Not Intentional Or For Non Action Of The Assessee/Appellant, But Was For The Reasons Stated In The Application Which Appears To Be Bonafide. Thus, Delay In Filing Of Appeal Is Condoned & Appeal Is Admitted For Hearing On Merits.

For Appellant: Shri Kuldip Khera, Chartered AccountantFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 142(1)Section 148

आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL

Bhim Sah, Patna vs. ITO, Patna

The appeals of the assessee are allowed for statistical purposes

ITA 674/PAT/2024[2016-17]Status: DisposedITAT Patna31 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.673&674/Pat/2024 Assessment Years: 2015-16 & 2016-17 Bhim Sah.…………………………………………………..………….……Appellant Kumhar Toli, Near Mahavir, Kankerbagh Main Road, Patna, Bihar- 800020. [Pan: Amhps2682M] Vs. Ito, Ward-4(2), Patna……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Shailendra Sinha, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2025 Date Of Pronouncing The Order : January 31, 2025 Order Per Sonjoy Sarma: The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 07.02.2024 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’) For Assessment Years 2015- 16 & 2016-17 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 232 Days In Filing Both The Appeals. The Assessee Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Applications, We Condone The Delay In Both The Appeals. 3. First, We Take Up The Issue In Respect Of Ita No.673/Pat/2022 For Assessment Year 2015-16. Brief Facts Of The Case Are That In The Case Of

Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and

Bhim Sah, Patna vs. ITO, Patna

The appeals of the assessee are allowed for statistical purposes

ITA 673/PAT/2024[2015-16]Status: DisposedITAT Patna31 Jan 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.673&674/Pat/2024 Assessment Years: 2015-16 & 2016-17 Bhim Sah.…………………………………………………..………….……Appellant Kumhar Toli, Near Mahavir, Kankerbagh Main Road, Patna, Bihar- 800020. [Pan: Amhps2682M] Vs. Ito, Ward-4(2), Patna……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Shailendra Sinha, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2025 Date Of Pronouncing The Order : January 31, 2025 Order Per Sonjoy Sarma: The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 07.02.2024 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’) For Assessment Years 2015- 16 & 2016-17 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 232 Days In Filing Both The Appeals. The Assessee Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Applications, We Condone The Delay In Both The Appeals. 3. First, We Take Up The Issue In Respect Of Ita No.673/Pat/2022 For Assessment Year 2015-16. Brief Facts Of The Case Are That In The Case Of

Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and

Vandna Gandhi, Patna vs. ACIT, Cir-5, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 431/PAT/2024[2001-02]Status: DisposedITAT Patna31 Jan 2025AY 2001-02

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.431/Pat/2024 Assessment Year: 2001-02 Vandna Gandhi………………….....…..…………………....Appellant W/O Sri Azad Gandhi Kila Road, Patna City, Patna- 800008. [Pan: Ainpg4871E] Vs. Acit, Circle-5, Patna…….….…….…............................…..…..... Respondent Appearances By: Shri Mahindra Chowdhary, Advocate Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 30, 2025 Date Of Pronouncing The Order : January 31, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.05.2023 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 Was Partner In The Firm Namely M/S Raj Construction With 5.43% Share. At The Time Of Firm’S Assessment For The Assessment Year 2001-02, It Was Noted That The Capital Introduced By The Assessee Was Rs.5,00,000/-. This Was The First Year Of The Firm’S Existence Since The Source Of The Capital Introduced Was Not Properly Explained, Therefore, The Assessing Officer Treated The Same As Unexplained Income Of The Firm U/S 68 Of The Act. Based On The Information, The Reassessment Proceedings Were Initiated

Section 142(1)Section 147Section 148Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and