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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)

Mohd Vizzarath Ali, Hyderabad vs. Income Tax Officer, Ward-8(2), Hyderabad

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

ITA 1271/HYD/2024[2017-18]Status: DisposedITAT Hyderabad01 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.1271/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Mohd.Vizzarath Ali Vs. Ito, Ward-8(2) Hyderabad Hyderabad [Pan : Avdpa3594K] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By:: Ms.P.Sunitha, Dr सुिवधई की तधरीख/Date Of Hearing: 01/01/2025 घोर्णध की तधरीख/Date Of 01/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2017-18. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 47 Days. The Assessee Filed An Affidavit For Condonation Of Delay & Submitted That The Assessee Was Under Medical Treatment For B/L Renal Calculi & Lumbar Spondalysis & He Was Advised Complete Bedrest. The Assessee

For Appellant: Ms.S.Sandhya, ARFor Respondent: : Ms.P.Sunitha, DR
Section 115BSection 139Section 142(1)Section 144Section 69A

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad Before Shri Vijay Pal Rao

Smt. Vimla Tripathi, Kanpur vs. ITO Ward-1(2)(1), Kanpur

ITA 310/LKW/2023[2013-14]Status: DisposedITAT Lucknow31 Dec 2024AY 2013-14

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Smt. Vimla Tripathi V. The Income Tax Officer 119/12 B-1, Darshanpurwa Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Aevpt9734K (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 02 12 2024 Date Of Pronouncement: 31 12 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 11.08.2023, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2013-14. 2. The Brief Facts Of The Case Are That The Assessee Filed Her Return Of Income For The Year Under Consideration On 01.01.2014, Declaring A Total Income Of Rs.1,93,140/-. As Per Information Available With The Income Tax Department, The Assessing Officer (Ao) Noticed That The Assessee, Along With Shri Siddha Kumar Tripathi, Had Purchased An Agricultural Land Admeasuring 0.6200 Hectare On 01.08.2012 For A Consideration Of Rs.12,00,000/-. The Ao Further Noticed That The Market Value Of

For Appellant: Shri Swaran Singh, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 142(1)Section 147Section 148Section 56(2)(vii)

Since there was no compliance to the notice issued under section 148 of the Act from the assessee, he issued notice under section 142(1) of the Act along with questionnaire. The assessee furnished her reply vide letter dated 23.02.2022, giving the details/mode of payment of Rs.12,00,000/-, copy

P. Ravikumar, Namakkal vs. ITO, Ward-1, Namakkal

ITA 2492/CHNY/2024[2011-12]Status: DisposedITAT Chennai31 Dec 2024AY 2011-12

Bench: Hon'Ble Shri Manoj Kumar Aggarwal & Hon'Ble Shri Manu Kumar Giriआयकर अपील सं./ Ita No.2492/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2011-2012) P. Ravikumar, D.No.H2/4,Mullai Nagar, Namakkal 637 001. [Pan: Atwpr 0272Q] (अपीलार्थी/Appellant) Vs. The Income Tax Officer, Ward 1, Namakkal. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By प्रत्यर्थी की ओर से / Respondent By Shri. T.S. Lakshmi Venkatraman, C.A., Ms. T.M. Suganthamala, Irs, Addl. Cit. सुनवाई की तारीख /Date Of Hearing : 12.12.2024 घोषणा की तारीख / Date Of Pronouncement : 31.12.2024 आदेश / Order Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 08.08.2024 For Assessment Year 2011-12. 2. In This Appeal, The Assessee Has Raised Eight (8) Grounds Of Appeal. However, The Counsel For The Assessee Has Pressed A Ground Of Limitation Which Is As Under: "2. On The Facts & Circumstances Of The Case The Lower Authorities Are Not Justified In Not Accepting The Position That The Assessment Framed Is Barred By Limitation In Terms Of Section 153(2) Of The Income Tax Act, In As Much As For The Notice Issued U/S 148 Of The Act Dated 24.03.2018 The Assessment Should Have Been Completed On Or Before 31.12.2018 But The Assessment Was Completed By Order Dated 29.11.2019, Which Order Is Barred By Limitation'. 2

Section 142(1)Section 143(3)Section 144Section 148Section 153(2)

आयकर अपीलीय अधिकरण 'बी” न्यायपीठ चेन्नई में। IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, CHENNAI माननीय श्री मनोज कुमार

Annai Velankanni Educational Trust, Tirunelveli vs. ITO, Exemption Ward, Tirunelveli, Triunelveli

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

ITA 2185/CHNY/2024[2017-18]Status: DisposedITAT Chennai31 Dec 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2185/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Annai Velankanni Educational Trust, Vs. Income Tax Officer, 262A, Thiruchendur Road, Exemptions Ward, Palayamkottai, Tirunelveli, Tirunelveli. Palayamkottai H.O. Tirunelveli 627 002. [Pan:Aaeta3416A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri R. Raghupathy, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 19.12.2024 घोषणा की तारीख /Date Of Pronouncement : 31.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 129 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri R. Raghupathy, Addl. CIT
Section 11Section 119(2)(b)Section 12ASection 142(1)Section 144

Assessing Officer found cash deposit in assessee’s account in Axis Bank, Tirunelveli and since no return of income filed, issued notice under section 142(1) of the Income Tax Act, 1961 [“Act” in short]. According to the Assessing Officer the assessee- trust has not complied with the said notice ... heard both the parties, we note from the assessment order that there was no compliance by the assessee against the notice issued under section 142(1) of the Act, but, it was contended that the assessee is eligible to claim deduction under section 11 of the Act and a copy