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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)

Huhtamaki India Limited, Mumbai vs. Principal Commissioner of Income-Tax - 6, Mumbai

ITA 2668/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024

Bench: Shriamarjit Singh & Shri Anikesh Banerjeeι.Τ.Α No.2668/Mum/2024 (Assessment Year : 2018-19) Huhtamaki India Limited A-802, Cresenzo, C-38/39 G Block, Brandra Kurla Complex Bandra (East), Mumbai Pan: Aaact0086E Appellant Vs Principal Commissioner Of Income- Tax-6, Mumbai 5Th Floor, Aayakar Bhavan, Mahrishi Karve Road, Mumbai-400 020 Respondent Assessee By : Shri Nikhil Tiwari Respondent By : Shrisolgy Jose T. Kottaram(Cit Dr) Date Of Hearing : 22/07/2024 Date Of Pronouncement : 29/07/2024 Order Per Anikesh Banerjee, J.M: Instant Appeal Of The Assessee Is Preferred Against The Order Of Thelearned Principal Commissioner Of Income-Tax, Mumbai-6 (For Brevity, ‘Ld.Pcit') Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act'), For Assessment Year 2018-19, Date Of Order21.03.2024.The Impugned Order Was Emanated From The Order Of The National E-Assessment Centre, Delhi, (In Short, ‘The A.O.') Passed Under Section 143(3)Read With Section 144B Of The Act, Date Of Order19/04/2021. 2. The Assessee Has Taken Following Grounds Of Appeal:-

For Appellant: Shri Nikhil TiwariFor Respondent: ShriSolgy Jose T. Kottaram(CIT DR)
Section 143(3)Section 144BSection 250Section 263

Housing Projects Ltd. [2012] 20 taxmann.com 587 (Delhi). The Ld.AR further invited our attention in the assessment order and the notices under section 142 (1) of the Act where the Ld.AO asked the explanation related to receipt of EPCG and the additional depreciation, APB pages 190 to 198. 5. During ... payment amounting to Rs.3,35,17,335/- was duly discussed by the Id. Assessing Officer during the assessment proceedings and the notice under section 142(1) is covered with the explanation that was sought for EPCG payment and the additional depreciation claim. The Ld.AR placed a copy of the return

Avinash Rajendrakumar Gholap, Pune vs. Income Tax Officer Ward 14(5), Pune

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 861/PUN/2024[2016-17]Status: DisposedITAT Pune26 Jul 2024AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.861/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Avinash Rajendrakumar Vs. Ito, Ward-14(5), Pune. Gholap, A/P Gholapwadi, Uddhat Taluka Indrapur, Pune- 413103. Pan : Abjpg2776M Appellant Respondent Assessee By : Shri S. S. Gudhate Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 10.07.2024 Date Of Pronouncement : 26.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.04.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. Under The Facts & Circumstances Of The Case & In Law, Commissioner Of Income Tax (Appeals) / National Faceless Appeal Centre (Nfac) Erred In Passing Order Wherein Specific Request Of Adjournment Was Made By Assessee & Same Was Not Rejected By Ld Commissioner Of Income Tax (Appeals) / National Faceless Appeal Centre (Nfac).

For Appellant: Shri S. S. GudhateFor Respondent: Shri Ramnath P. Murkunde
Section 142(1)Section 144B(1)(xxiv)Section 147Section 148Section 151Section 250(6)Section 271(1)(c)Section 271FSection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI VINAY

Vandana Daga, Chennai vs. Pr. CIT, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1056/CHNY/2024[2015-16]Status: DisposedITAT Chennai26 Jul 2024AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1056/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 Vandana Daga, Vs. The Income Tax Officer, 19-C, Nungambakkam High Road, Non Corporate Ward 3(5), Nungambakkam, Chennai 600 034. Chennai. [Pan:Aclpv1469P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Karunakaran, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 24.07.2024 घोषणा की तारीख /Date Of Pronouncement : 26.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2024 Passed By The Ld. Principal Commissioner Of Income Tax, Chennai 4, Chennai Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short] For The Assessment Year 2015-16. 2. Ground No. 13 Raised In The Appeal Of The Assessee Is Not Pressed & Accordingly Dismissed As Not Pressed. 3. Ground Nos. 1 To 12 Raised By The Assessee Concerning Only Issue Questioning The Validity Of Jurisdiction Assumed By The Ld. Pcit Under Section 263 Of The Act.

For Appellant: Shri M. Karunakaran, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 142(1)Section 143(3)Section 147Section 148Section 263

same assessment was reopened under section 147 of the Act by issuing notice under section 148 of the Act and subsequently, notice under section 142(1) of the Act along with questionnaire. He submits that the assessee filed reply to the said notice under section 142(1 ... assessment as well as reassessment was completed without making any addition by accepting the returned income. The notice dated 28.10.2021 issued under section 142(1) of the Act is on record, wherein for the same issues as raised by the ld. PCIT under section 263 of the Act were raised

Visteon Corporation, Michigan vs. DCIT, Intenl Taxn, Circle-2(2), Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 262/CHNY/2023[2017-18]Status: DisposedITAT Chennai26 Jul 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.:259, 260, 261 & 262/Chny/2023 िनधा"रण वष"/Assessment Years:2014-15, 2015-16, 2016-17 & 2017-18 & S.A. Nos. 28, 29 & 30/Chny/2023 [In Ita Nos. 259, 261 & 262/Chny/2023] M/S. Visteon Corporation, The Deputy Commissioner Grace Lake Corporation Centre, Vs. Of Income Tax, Van Buren Township, International Taxation, Michigan - 48111 Circle 2(2), Chennai. Pan: Aadcv 5660K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Ajay Vohra, Sr. Advocate (By Virtual) Shri Aditya Vohra, Advocate ""यथ" क" ओर से/Respondent By : Shri Nilay Bara Som, Cit सुनवाई क" तारीख/Date Of Hearing : 01.07.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R Per Mahavir Singh: These Three Appeals By The Assessee In Ita Nos.259, 261 & 262/Chny/2023 Are Arising Out Of The Final Assessment Orders Passed By The Assistant Commissioner Of Income Tax, International Taxation Circle 2(2), Chennai Vide Orders Of Even Date 06.01.2023 In Pursuant To The Directions Of The Dispute Resolution Panel-2

For Appellant: Shri Ajay Vohra, Sr. Advocate (By Virtual)For Respondent: Shri Nilay Bara Som, CIT
Section 142(1)Section 263

आयकर अपीलीय अिधकरण,‘ए’ "यायपीठ,चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ीमहावीर "सह, उपा"य