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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)

Mohammed Taj, Kolkata vs. D.C.I.T., CC - 3(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1184/KOL/2024[2021-2022]Status: DisposedITAT Kolkata20 Nov 2024AY 2021-2022

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1184/Kol/2024 Assessment Year: 2021-22 Mohammed Taj……….………………………..……….………….…..……Appellant 11, Balmukund Macker Road, Kolkata – 700007. [Pan: Aaccpt0441J] Vs. Dcit, Central Circle-3(1), Kolkata.…....…………..…........……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar, Appeared On Behalf Of The Appellant. Shri A. Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2024 Date Of Pronouncing The Order : November 20, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Filed By The Assessee Against The Order Dated 28.03.2024 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income On 26.03.2022 Declaring Total Income Of Rs.38,93,560/- U/S Section 139 Of The Act. Subsequently, A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 13.01.2021 In The Case Of Hospitality Group Of Cases To Which The Assessee Belongs. The Search Operation Extended To The Premises Of The Assessee At 11, Bal Mukund Mackar Road, Khaja House, Barabazar, Kolkata-700007. Following The Search Operation, The Case Of The Assessee Was Centralized With Central Circle-3(1), Kolkata & Subsequently, The Case Was Transferred To The Pr. Cit-13, Kolkata. Consequently, A Notice U/S 143(2) Of The Act Was Issued Which Was Followed By Issuing A Notice U/S 142(1)

Section 132Section 139Section 142(1)Section 143(2)Section 250Section 69C

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sonjoy

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Nungambakkam, Chennai vs. Adarsh Estates Private Limited, Mylapore, Chennai

In the result, the appeal of the revenue vide

ITA 722/CHNY/2024[2013-14]Status: DisposedITAT Chennai20 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.722 /Chny/2024 धििाारण वर्ा /Assessment Year: 2013-14 Assistant Commissioner Of Adarsh Estates Private Limited, Income Tax, Vs. No.189/139, Golden Enclave, Corporate Circle-1(1), Luz Church,Mylapore,Chennai-4 Nungambakkam, [Pan: Aadca5788R) Chennai आयकर अपील सं./ Co.No.52 /Chny/2024 धििाारण वर्ा /Assessment Year: 2013-14 Adarsh Estates Private Limited, Assistant Commissioner Of No.189/139, Golden Enclave, Luz Vs. Income Tax, Church, Mylapore, Chennai Corporate Circle-1(1), [Pan: Aadca5788R) Nungambakkam, Chennai (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Ms.Sonali Khatod, C.A. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 22.08.2024 घोर्णा की तारीख /Date Of Pronouncement : 20.11.2024 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Vide Ita No.722 Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2023-24/1059764842(1) Dated 16.01.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years

For Appellant: Ms.Sonali Khatod, C.AFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 142(1)Section 147Section 148Section 69

आयकर अपीलीय अधिकरण, ‘बी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI माननीय श्री मनु कुमार गिरि

Srimanta Kumar Shit, Purba Medinapore vs. A.C.I.T., Circle - 27(2), Haldia

In the result, the appeal of the assessee is allowed

ITA 1911/KOL/2024[2017-2018]Status: DisposedITAT Kolkata19 Nov 2024AY 2017-2018

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 1911/Kol/2024 Assessment Year: 2017-2018 Srimanta Kumar Shit,………………...…………Appellant Rangamalaput, Junput-Contai, Purba Medinapore-721450, West Bengal [Pan:Bffps3635Q] -Vs.- Assistant Commissioner Of Income Tax..…Respondent Circle-27(2), Haldia, Basudebpur, Talpukur, Khanjan Chak, Haldia, Midnapore-721101, W.B. Appearances By: Shri S.K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 22, 2024 Date Of Pronouncing The Order : November 19, 2024 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 250Section 56(2)(vii)Section 69A

declaring total income of Rs.47,14,580/-. The ld. Assessing Officer has issued a notice under section 143(2) and thereafter under section 142(1). The ld. Assessing Officer has passed the impugned assessment order on 2 Srimanta Kumar Shit 30.12.2019 determining the taxable income of the assessee at Rs.14 ... unsecured loans from persons who have not filed their return of income and loss from currency fluctuations. The Assessing Officer issued notice under section 142(1) on assessee and thereafter, passed assessment under section 143(3) wherein he rejected set-off and carry forward of loss and made additions