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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)

United Futuristic Trade Impex Private Limited, Mumbai vs. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC)

In the result, the present cross-appeal is allowed for statistical purposes

ITA 4219/MUM/2024[2017-2018]Status: DisposedITAT Mumbai29 Nov 2024AY 2017-2018

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhailacit, Circle – 8(3)(1) Room No.665A, 6Th Floor, Aayakar Bhavan, Mumbai – 400020 ............... Appellant V/S United Futuristic Trade Impex Pvt. Ltd., Unit No.301, 3Rd Floor, Turf Estate Off Dr. E Moses Road, Shakti Mill Lane Mahalaxmi, Mumbai – 400011, ……………… Respondent Maharashtra Pan : Aabcu7296C United Futuristic Trade Impex Pvt. Ltd., Bajaj Bhavan, 226-Nariman Point, Unit No.301, 3Rd Floor, Turf Estate Off Dr. E Moses Road, Shakti Mill Lane Mahalaxmi, Mumbai – 400011, Maharashtra ……………… Appellant Pan : Aabcu7296C V/S Acit, Circle – 8(3)(1) Room No.665A, 6Th Floor, Aayakar Bhavan, Mumbai – 400020 …………….. Respondent

For Appellant: Shri Satish ModyFor Respondent: Shri Raj Singh Meel, Sr. DR
Section 250

return filed by the assessee was selected for complete scrutiny under CASS and statutory notices under section 143(2) and section 142(1) were issued and served on the assessee. During the assessment proceedings, upon perusal of the profit and loss account of the assessee, for the year under consideration ... inward of Rs.39.05 Lakh and other trading expenses of Rs.49.48 Lakh. However, none of these expenditures were incurred last year. Accordingly, notices under section 142(1) were issued to the assessee to furnish the explanation for the above and other infirmities noticed in the ITA No.3674 & 4219/ Mum/2024 5 financial

ACIT Circle 8(3)(1), Mumbai vs. United Futuristic Trade Impex Pvt. Ltd., Mumbai

In the result, the present cross-appeal is allowed for statistical purposes

ITA 3674/MUM/2024[2017-18]Status: DisposedITAT Mumbai29 Nov 2024AY 2017-18

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhailacit, Circle – 8(3)(1) Room No.665A, 6Th Floor, Aayakar Bhavan, Mumbai – 400020 ............... Appellant V/S United Futuristic Trade Impex Pvt. Ltd., Unit No.301, 3Rd Floor, Turf Estate Off Dr. E Moses Road, Shakti Mill Lane Mahalaxmi, Mumbai – 400011, ……………… Respondent Maharashtra Pan : Aabcu7296C United Futuristic Trade Impex Pvt. Ltd., Bajaj Bhavan, 226-Nariman Point, Unit No.301, 3Rd Floor, Turf Estate Off Dr. E Moses Road, Shakti Mill Lane Mahalaxmi, Mumbai – 400011, Maharashtra ……………… Appellant Pan : Aabcu7296C V/S Acit, Circle – 8(3)(1) Room No.665A, 6Th Floor, Aayakar Bhavan, Mumbai – 400020 …………….. Respondent

For Appellant: Shri Satish ModyFor Respondent: Shri Raj Singh Meel, Sr. DR
Section 250

return filed by the assessee was selected for complete scrutiny under CASS and statutory notices under section 143(2) and section 142(1) were issued and served on the assessee. During the assessment proceedings, upon perusal of the profit and loss account of the assessee, for the year under consideration ... inward of Rs.39.05 Lakh and other trading expenses of Rs.49.48 Lakh. However, none of these expenditures were incurred last year. Accordingly, notices under section 142(1) were issued to the assessee to furnish the explanation for the above and other infirmities noticed in the ITA No.3674 & 4219/ Mum/2024 5 financial

Keshava Reddy Nagireddy, Hyderabad vs. Dy Commissioner of Income Tax, Circle (1), Kurnool

In the result, appeal filed by the assessee in ITA

ITA 464/HYD/2024[2015-16]Status: DisposedITAT Hyderabad28 Nov 2024AY 2015-16

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.463 & 464/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15 & 2015-16) Keshava Reddy Nagireddy Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adcpn1614N] Circle (1) Kurnool (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: M.Chandramouleswara Rao,Ar रधजस् व द्वधरध/Revenue By:: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of 28/11/2024 Hearing: घोर्णध की तधरीख/Date Of 28/11/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Two Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 05/03/2024, Pertaining To A.Y.2014-15 & 2015-16. Since The Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off By This Consolidated Order.

For Appellant: M.Chandramouleswara Rao,ARFor Respondent: : Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 69ASection 69C

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

Keshava Reddy Nagireddy, Hyderabad vs. Dy Commissioner of Income Tax, Circle (1), Kurnool

In the result, appeal filed by the assessee in ITA

ITA 463/HYD/2024[2014-15]Status: DisposedITAT Hyderabad28 Nov 2024AY 2014-15

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.463 & 464/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15 & 2015-16) Keshava Reddy Nagireddy Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adcpn1614N] Circle (1) Kurnool (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: M.Chandramouleswara Rao,Ar रधजस् व द्वधरध/Revenue By:: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of 28/11/2024 Hearing: घोर्णध की तधरीख/Date Of 28/11/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Two Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 05/03/2024, Pertaining To A.Y.2014-15 & 2015-16. Since The Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off By This Consolidated Order.

For Appellant: M.Chandramouleswara Rao,ARFor Respondent: : Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 69ASection 69C

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