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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)

Suchitra Shashikant Khavare, Hatkanangle, Kolhapur vs. Income Tax Officer, Ichalkaranji

In the result, appeal of the assessee is dismissed

ITA 1427/PUN/2024[AY 13-14]Status: DisposedITAT Pune21 Jan 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1427/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Suchitra Shashikant Khavare, V The Income Tax Officer, At Post Shiroli Pulachi, S Ichalkaranji. Hatkanangle, Kolhapur – 416122. Pan: Aowpk8959A Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 26/12/2024 Date Of Pronouncement 21/01/2025 आदेश/ Order Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Dated 17.05.2024 For A.Y.2013-14 Passed Under Section 250 Of The Income Tax Act, 1961; Emanating From Penalty Order Under Section 271(1)(B) Of The Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On Facts & In The Circumstances Of The Case & In Law The Cit(A), Nfac Erred In, Not Condoning The Delay In Filing The Appeal & Thereby Confirming The Penalty Levied U/S 271(1)(B). The Appellant Craves Leave To Add To, Amend, Alter, Modify, Delete Or Add A New Ground Of Appeal Before Or At The Time Of Hearing.” Submission Of Ld.Ar : 2. Ld.Authorised Representative(Ld.Ar) For The Assessee Submitted That Assessee Had Discontinued Her Business Of Country Liquor In Earlier Years. Assessee Is Not Well-Versed With The Technology. The Assessee’S Erstwhile Tax Practitioner Had Mentioned His Email Address & Mobile Number In The Login Portal. Therefore, All The Notices Had Been To That Email Address, Therefore, Assessee Was Not Aware About The Notices Issued. Therefore, Assessee Could Not Comply The Notices. Hence, Ld.Ar Pleaded That Penalty May Be Dropped.

Section 142(1)Section 2Section 250Section 271(1)(b)

observed that Assessing Officer had levied penalty under section 2 271(1)(b) of the Act for non-compliance to notice under section 142(1) of the Act, dated 24.01.2022, 03.02.2022, 10.02.2022. It is an admitted position by the assessee that assessee had failed to comply the notices issued under ... section 142(1) of the Act. Assessee’s only pleading is that the Assessee’s erstwhile Tax Consultant had provided his Email Address and Mobile Number on the Income Tax Portal instead of providing Assessee’s Email Id. 4.1 In this case, Assessee has not brought on record any documentary