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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)

S.M. Steel, Nagapattinam vs. ITO, Ward-1, Kumbakonam

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

ITA 2947/CHNY/2024[2017-18]Status: DisposedITAT Chennai23 Jan 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2947/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 S.M. Steel, Vs. The Income Tax Officer, No. 12 A1, Thanthontrieswarar Sannat Ward 1, Street, Nidur Main Road, Kumbakonam. Mayiladuthurai, Nagapattinam 609 001. [Pan:Acefs1788D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.09.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. At The Outset, We Note That The Assessing Officer Received Information That The Assessee Made Cash Deposit In Current Account With A Banking Company To The Tune Of ₹.1,03,88,000/- & As Per The Tds

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 148Section 69A

dated 23.03.2021, the assessee has not filed its ITR for AY 2017-18. The Jurisdictional Assessing Officer issued questionnaire along with notice under section 142(1) of the Act, which was also not complied with. As per details collected from Lakshmi Vilas Bank under section

Jayaprakash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2937/CHNY/2024[2018-19]Status: DisposedITAT Chennai23 Jan 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

filing return of income, declaring income for taxation and also there is non-compliance to notices under section 142(1) of the Act issued on several dates and show cause notice issued during e-assessment proceedings. Accordingly, the Assessing Officer assessed total income of the assessee

Jayaprakash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2936/CHNY/2024[2018-19]Status: DisposedITAT Chennai23 Jan 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

filing return of income, declaring income for taxation and also there is non-compliance to notices under section 142(1) of the Act issued on several dates and show cause notice issued during e-assessment proceedings. Accordingly, the Assessing Officer assessed total income of the assessee

Jayaprakrash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2935/CHNY/2024[2018-18]Status: DisposedITAT Chennai23 Jan 2025AY 2018-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

filing return of income, declaring income for taxation and also there is non-compliance to notices under section 142(1) of the Act issued on several dates and show cause notice issued during e-assessment proceedings. Accordingly, the Assessing Officer assessed total income of the assessee

Ditto Dinaharan, Thiruvallur vs. Income Tax Officer, Thiruvallur

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

ITA 2927/CHNY/2024[2012-13]Status: DisposedITAT Chennai23 Jan 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2927/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Ditto Dinaharan, Vs. The Income Tax Officer, 16, Dasarpuram Ii Street, Thiruninravur, Ward 2, Tiruvallur 602 024. Tiruvallur. [Pan:Acgpt4614H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Akshit A Jain, Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.02.2024 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 218 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri Akshit A Jain, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 148Section 69A

assessment year. The Assessing Officer issued notice under section 148 of the Income Tax Act, 1961 [“Act” in short] and the notice under section 142(1) of the Act was also issued. However, there was no response from the assessee. After verifying the details from the bank statement obtained under