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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)

Megapix Vanijya Pvt. Ltd., Kolkata vs. I.T.O., Ward - 9(1), Kolkata

The appeal of the assessee is allowed

ITA 1151/KOL/2024[2012-2013]Status: DisposedITAT Kolkata18 Nov 2024AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.1151/Kol/2024 Assessment Year: 2012-13 Megapix Vanijya Pvt. Ltd……………………………………………..…..……Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aahcm6624J] Vs. Ito, Ward-9(1), Kolkata............…....….…..….........……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 27, 2024 Date Of Pronouncing The Order : November 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 13.05.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Year 2012-13. 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 26.09.2012 By Declaring A Total Loss Of Rs.4,540/-. The Case Of The Assessee Was Selected For Scrutiny Due To Large Share Premium Received By The Assessee During The Relevant Financial Year. Consequently, The Assessing Officer Issued Notices U/S 142(1) & 142(2) Of The Act Requesting For Furnishing Requisite Information. In Response To The Notices, The Ld. Ar Of The Assessee Appeared Before The Assessing Officer & Provided Primary Details Including An Explanation That The Assessee Company Was Engaged In The Business Of Share Trading. Upon

Section 131Section 142(1)Section 143(3)Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Dr. Manish

Late Muthumalainadar Krishnavel, Represented by 6 Legal Heirs, Tuticorin vs. PCIT-1, Madurai

The appeal stand allowed in terms of our above order

ITA 1018/CHNY/2024[2016-17]Status: DisposedITAT Chennai18 Nov 2024AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1018/Chny/2024 (िनधा"रण वष" / Assessment Year: 2016-17) Smt. K.Indira, Pcit-1 Shri K.Muthuvel, Madurai. Shri Selvakumaran, Shri M.K.Balaji बनाम/ Shri K.Ragupathy, Shri K.Sudhakar Vs. All L/Hs Of Late Shri Muthumalainadar Krishnavel, 15, Melanavaladivillai, Arumuganeri, Tuticorin-628 202. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bctpk-6952-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S.Sridhar (Advocate)-Ld. Ar ""थ"कीओरसे/Respondent By : Shri R.Clement Ramesh Kumar (Cit)-Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 29-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 18-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.Sridhar (Advocate)-Ld. ARFor Respondent: Shri R.Clement Ramesh Kumar (CIT)-Ld. DR
Section 143(3)Section 147Section 263Section 56Section 56(2)(vii)

आयकर अपीलीय अिधकरण “सी” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय "ी महावीर िसंह

Arshad Mahmood Khan, Lucknow vs. ITO-2(1), Lucknow

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 622/LKW/2024[2014-15]Status: DisposedITAT Lucknow14 Nov 2024AY 2014-15

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2014-15 Arshad Mahmood Khan V. Ito-2(1) Flat No.500, Windsor Court-Iii Lucknow 93H, Dalibagh Ganna Sansthan Lucknow Tan/Pan:Ajpk0388G (Appellant) (Respondent) Appellant By: Shri Arshad Mahmood Khan (Assessee) Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 12 11 2024 Date Of Pronouncement: 14 11 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.08.2024, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Had Received Information That The Assessee Had Made High Value Transaction During The Year Under Consideration & That There Were Credit Entries Of Rs.31,14,885/- In The Assessee’S Bank Account No.26231930000676 & Of Rs.15,49,850/- In Bank Account

For Appellant: Shri Arshad Mahmood Khan (Assessee)For Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 142(1)Section 144Section 147Section 148Section 274Section 69Section 69A

Since no return of income had been filed by the assessee in response to the said notice, the AO issued notice under section 142(1) of the Act, requiring the assessee to furnish details/information for finalizing the assessment in connection with the issue involved in the assessee’s case. However

Karan Singh, Unnao vs. ITO-2(4), Unnao

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 494/LKW/2024[2017-18]Status: DisposedITAT Lucknow14 Nov 2024AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Karan Singh V. Ito-2(4) 496, Hiran Nagar Unnao _ New Unnao, Uttar Pradesh Tan/Pan:Aqwpls6478L (Appellant) (Respondent) Appellant By: Shri Vinay Kumar Tiwari, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 08 10 2024 Date Of Pronouncement: 14 11 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 18.09.2020, Passed By The Ld. Commissioner Of Income Tax (Appeal)-01, Lucknow (Ld. Cit(A) For Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Had E- Filed His Return Of Income For The Year Under Consideration, Declaring A Total Income Of Rs.4,47,580/-. Subsequently, The Case Was Selected For Scrutiny Under Cass For The Reason That The Assessee Had Deposited Rs.10,00,000/- In Old Sbns (Specified Bank Notes) On 15.11.2016 In His Bank Account No.010010100010068 With Aryavart Bank. Accordingly, The Ao Issued Notice Under Section 142(1) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’), Along With A Questionnaire.

For Appellant: Shri Vinay Kumar Tiwari, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 133(6)Section 142(1)Section 144Section 271ASection 69A

SBNs (Specified Bank Notes) on 15.11.2016 in his bank account No.010010100010068 with Aryavart Bank. Accordingly, the AO issued notice under section 142(1) of the Income Tax Act, 1961 (hereinafter called “the Act’), along with a questionnaire. ITA No.494/LKW/2024 Page 2 of 7 However, there was no compliance ... statement of the assessee from the bank by issuing notice under section 133(6) of the Act. The AO, thereafter, issued notice under section 142(1) of the Act, giving last opportunity to the assessee to submit his explanation. Since, again, there was no compliance by the assessee

Cholamandalam Investment and Finance Company Limited, Chennai vs. Principal Commissioner of Income-Tax, Chennai - 1, Chennai

The appeal stands dismissed

ITA 1590/CHNY/2024[2018-19]Status: DisposedITAT Chennai14 Nov 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./Ita No.1590/Chny/2024 (िनधा(रण वष( / Assessment Year: 2018-19) & 2. Stay Application No.27/Chny/2024 (In Ita No.1590/Chny/2024) (िनधा(रण वष(/Assessment Year:2018-19) M/S. Cholamandalam Investment Pcit & Finance Company Limited Chennai-1 बनाम Chola Crest, C-54 & 55, Super B-4, Thiru Vi Ka Industrial Estate, / Vs. Guindy Industrial Estate, S.O., Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-1226-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : S/Shri Ajit Jain, Kunal Shah & Ms. Aashna Dhila (Cas)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 05-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 14-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: S/Shri Ajit Jain, Kunal Shah &For Respondent: Shri Nilay Baran Som (CIT)-Ld. Sr. DR
Section 143(3)Section 263Section 36(1)(vii)Section 36(1)(viia)Section 41(4)

आयकर अपीलीय अिधकरण “ए” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय "ी मनोज कुमार