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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)

Paresh R Pujara HUF, Mumbai vs. Income Tax Officer-Ward-27(2)(5), Mumbai

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

ITA 4231/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Nov 2024AY 2017-18

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Paresh R Pujara Huf Ito Ward 27(2)(5) Room No. 421, 4Th Floor, A-3/10, Chitaranjan Nagar, Rajawadi Ghatkopar (E), Tower No. 6, Vashi Railway Station, Vs. Mumbai-400 077 Commercial Complex, Vashi, Mumbai-400 703 Pan/Gir No. Aajhp 4668 L (Assessee) : (Respondent) Assessee By : Shri Shashank Mehta : Shri Tushar Mohite Respondent By : 17.10.2024 Date Of Hearing Date Of Pronouncement : 28.11.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) (‘Ld.Cit(A) For Short),National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. In The Facts & Circumstances Of The Case & In Law, The Learned National Faceless Appeal Centre (Nfac), Cit (Appeals) Has, Erred In Upholding The Assessment Order Passed In Gross Violation Of The Principle Of Natural Justice. 2. In The Facts & Circumstances Of The Case & In Law, The Learned National Faceless Appeal Centre (Nfac), Cit (Appeals) Has Erred In Dismissing The Appeal Without Condoning The Delay In Filing The Appeal. 3. In The Facts & Circumstances Of The Case & In Law, The Learned National Faceless Appeal Centre (Nfac), Cit (Appeals), Mumbai Has Erred In Upholding The Addition Of Rs.

For Appellant: Shri Shashank MehtaFor Respondent: 17.10.2024
Section 142(1)Section 144Section 250Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “K(SMC)” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, AM AND MS. KAVITHA RAJAGOPAL

Lingnoor Doodh Utpadak and Puravatha Sah Sanstha Maryadit, Sangli vs. ITO, Ward 1, Sangli

ITA 1875/PUN/2024[2018-19]Status: DisposedITAT Pune27 Nov 2024AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.1875/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Lingnoor Doodh Utpadak V The Income Tax Officer & Puravatha Sah Sanstha S Ward – 1, Sangli. Maryadit, Lingnur, Miraj, Sangli – 416401. Pan: Aabal1723F Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan – Ar Revenue By Shri A.D.Kulkarni – Addl.Cit(Dr) Date Of Hearing 19/11/2024 Date Of Pronouncement 27/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 25.07.2024 For The A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Commissioner Of Income Tax(Appeal) Has Erred In Holding That The Assessee Is Not Eligible For Deduction U/S 80P Of The Income Tax Act In Respect Of The Income Of Rs.29,66,901.00 (Deduction Claimed; Rs.30,66,901.00 (-) Deduction Allowed By The Commissioner Of Income Tax (Appeals) U/S 80P(2)(C) Of The Income Tax Act; Rs.50,000.00)”

Section 142(1)Section 250Section 80PSection 80P(2)(b)Section 80P(2)(c)

।आयकर अपीलीय अिधकरण ”बी” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B” :: PUNE BEFORE MS.ASTHA CHANDRA, JUDICIAL