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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)

Ravinder Kumar Prop M/S R K Enterprises, Jind vs. ITO, Ward-1, Jind

In the result, the appeal of the assessee is dismissed ex parte

ITA 2779/DEL/2022[2011-12]Status: DisposedITAT Delhi11 Dec 2024AY 2011-12

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2011-12 Ravinder Kumar Vs Income Tax Officer Ward Prop. M/S R.K.Enterprises 1 Jind Village Nirjan Now H.No. 4626 Near Eklavya Stadium Sec -11 Jind Pan No. Bgtpk2103E (Appellant) (Respondent) Appellants By None Respondent By Ms. Harpreet Kaur Hansra Sr. Dr Date Of Hearing: 12/11/2024 Date Of Pronouncement: 11/12/2024 Order Per Sudhir Kumar, Jm: The Above Captioned Appeal By The Assessee Is Directed Against The Order Of The Nfac/Commissioner Of Income Tax (Appeals), Delhi [Hereinafter Referred To As “Cit(A)”], Vide Order Dated 23.09.2022 Pertaining To A.Y.2011-12 Arises Out Of The Order Passed By The Assessing Officer Dated 31.03.2021 U/S 154 Of The Income Tax Act,1961[Hereinafter Referred As ‘The Act’] 2. The Assessee Has Raised The Following Grounds Of Appeal :- 1- The Impugned Order Is Both Against Facts & Erroneous In Law. 2- On The Facts & Circumstances Of The Case, The Ld Cit(A) /Nfac Delhi Has Erred In Having Confirmed The Action Of The Ld Ao In Having Passed An Order U/S 154 Of The Income Tax Act Was Without Jurisdiction & Void Abinitio. 3- On The Facts & Circumstances Of The Case The Ld Cit(A) Has Erred In Having Sustained An Addition Of Rs 1314400/- Made By The Ao After Rejecting The Explanation Of The Assessee.

Section 142(1)Section 148Section 154

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI BEFORE SH. S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND

Mirza Imran Baig, Hyderabad vs. ITO Ward 13(1), Hyderabad

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

ITA 1177/HYD/2024[2012-13]Status: DisposedITAT Hyderabad10 Dec 2024AY 2012-13

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1177/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2012-13) Mirza Imran Baig Vs. Income Tax Officer Hyderabad Ward-13(1) [Pan : Apopb7772D] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None रधजस् व द्वधरध/Revenue By:: Ms.Reema Yadav, Dr सुिवधई की तधरीख/Date Of Hearing: 10/12/2024 घोर्णध की तधरीख/Date Of 10/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.07.2023 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2012-13. 2. The Brief Facts Of The Case Are That The Assessee, A Salaried Employee, Having Income Below The Taxable Limits, Sold A Property Along With His Mother & Sisters For A Consideration Of Rs.1,31,10,000/- & Invested The Resulting Capital Gains For Acquiring A Residential House At Hakimpet, Hyderabad For A 2 Consideration Of Rs.26,48,000/-. Notices U/S 142(1) & 148 Of The Income Tax Act, 1961 (“The Act”) Were Issued & Served On The Assessee, But The Assessee Neither Appeared Nor Filed Complete Details Before The Assessing Officer. Therefore, The Learned Assessing Officer Passed Best Judgement Assessment, Determining The Long Term Capital Gains At Rs.13,04,050/-.

For Appellant: NoneFor Respondent: : Ms.Reema Yadav, DR
Section 142(1)Section 144Section 144(1)Section 271(1)(c)

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad Before Shri Manjunatha G., Accountant