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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)

Gulamnabi Nuramahmadbhai Momin, Plot vs. ITO Ward 3(2)(2), Pratayashkar Bhavan

In the result, the appeal of the assessee is treated as is allowed for statistical purposes

ITA 1059/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad15 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1059/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Gulamnabi Nuramahmadbhai The Income Tax Officer बनाम/ Momin Ward-3(2)(2) V/S. 524A, Opp. Adarsh Hospital Ahmedabad Nr. Telav Shela Cross Road At Telav, Sanand 382 110 (Gujarat) "थायी लेखा सं./Pan: Apepm 7307 M अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri P.D. Shah, Ar Revenue By : Shri Prateek Sharma, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 10/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)”] Dated 29.12.2023, For The Assessment Year (Ay) 2017-18. The Primary Grievance Of The Assessee Pertains To The Addition Of Rs.40,00,000/- Under Section 68 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] Made By The Assessing Officer As Per His Order Dated 09/12/2019 Passed Under Section 143(3) Of The Act. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri P.D. Shah, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 271ASection 68

documents for the debtors, but did not provide sufficient documentary evidence for the gift and savings. 2.1. The AO issued multiple notices under section 142(1) of the Act asking for details such as the gift deed, the father’s source of income, and bank statements to substantiate the claim

St.Joseph'S Educational Trust, Chennai vs. PCIT Central Chennai - 1, Chennai

In the result, all the three appeals filed by the assessee are allowed

ITA 1620/CHNY/2024[2020-21]Status: DisposedITAT Chennai15 Oct 2024AY 2020-21

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita Nos.1618 & 1619 /Chny/2024 (िनधा"रणवष" / Assessment Years: 2018-19 & 2020-2021) St. Joseph’S Institute Of Science & Vs. The Principal Commissioner Of Income Technology Trust, Tax, No.56C, Old Mahabalipuram Road, Central, Chennai -1 Sholinganallur, Chennai 600 119. [Pan: Aahts 9943B] आयकरअपील सं./ Ita No.1620 /Chny/2024 (िनधा"रणवष" / Assessment Year: 2020-2021) St. Joseph’S Educational Trust, Vs The Principal Commissioner Of Income No.56C, Old Mahabalipuram Road, Tax, Sholinganallur, Chennai 600 119. Central, Chennai -1 [Pan: Aamts 3888G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri K.R. Vasudevan, Advocate ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit.

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Nilay Baran Som, IRS, CIT
Section 11Section 115BSection 12ASection 142(1)Section 153ASection 153DSection 263

Technology Trust -PAN: AAHTS9943B. Ref: Notice issued under section 153A of the Act dated 07-07-2021- ITBA/AST/S/153A/2021-22/1034055618(1) Notice issued under section 142(1) of the Act dated 14-09-2021- ITBA/AST/F/142(1)/2021-22/1035548990(1):- reg We are the authorized representatives of the abovementioned assessee. We wish to bring ... income for the subject AY 2018-19 vide our letter dated 17-09- 2021. Your assessee has also been issued a notice under section 142(1) of the Act dated 14-09-2021 requiring them to furnish certain details. We are furnishing the following documents as required by your goodself

St.Joseph'S Institute of Science and Technology Trust, Chennai vs. PCIT Central Chennai - 1, Chennai

In the result, all the three appeals filed by the assessee are allowed

ITA 1619/CHNY/2024[2020-21]Status: DisposedITAT Chennai15 Oct 2024AY 2020-21

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita Nos.1618 & 1619 /Chny/2024 (िनधा"रणवष" / Assessment Years: 2018-19 & 2020-2021) St. Joseph’S Institute Of Science & Vs. The Principal Commissioner Of Income Technology Trust, Tax, No.56C, Old Mahabalipuram Road, Central, Chennai -1 Sholinganallur, Chennai 600 119. [Pan: Aahts 9943B] आयकरअपील सं./ Ita No.1620 /Chny/2024 (िनधा"रणवष" / Assessment Year: 2020-2021) St. Joseph’S Educational Trust, Vs The Principal Commissioner Of Income No.56C, Old Mahabalipuram Road, Tax, Sholinganallur, Chennai 600 119. Central, Chennai -1 [Pan: Aamts 3888G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri K.R. Vasudevan, Advocate ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit.

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Nilay Baran Som, IRS, CIT
Section 11Section 115BSection 12ASection 142(1)Section 153ASection 153DSection 263

Technology Trust -PAN: AAHTS9943B. Ref: Notice issued under section 153A of the Act dated 07-07-2021- ITBA/AST/S/153A/2021-22/1034055618(1) Notice issued under section 142(1) of the Act dated 14-09-2021- ITBA/AST/F/142(1)/2021-22/1035548990(1):- reg We are the authorized representatives of the abovementioned assessee. We wish to bring ... income for the subject AY 2018-19 vide our letter dated 17-09- 2021. Your assessee has also been issued a notice under section 142(1) of the Act dated 14-09-2021 requiring them to furnish certain details. We are furnishing the following documents as required by your goodself