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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)

Muktisadhak Shree Vasupjya Swami Shwetamber Murtipujak Jain Sangh, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

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

ITA 3982/MUM/2023[2022-23]Status: DisposedITAT Mumbai20 Mar 2024AY 2022-23

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 3982/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2022-23) Muktisadhakshree Vasupujy बिधम/ Cit(Exemption) Room No. 601, 6Th Floor, Swamishwetamber Vs. Murtipujak Jain Sangh. Cumbala Hill Mtnl 5Th 502, Floor, Bhairav Building, Peddar Road, Dr. Darshan, Elphinstone Road, Gopalrao Deshmukh Marg, Elphinstone, Mumbai- Cumbala Hill, Mumbai- 400013. 400026. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaetm7147C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri D. C. Jain (Adv.) Revenue By: Smt Sanyogita Nagpal (Cit- Dr) सुनवाई की तारीख / Date Of Hearing: 12/03/2024 घोषणा की तारीख /Date Of Pronouncement: 20/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Exemptions), Mumbai Dated 29.09.2022 Against The Rejection Of The Application For Grant Of Registration U/S 12Ab Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Fairly Admitted That The Appeal Has Been Filed After The Limitation Time & There Were More Than 340 Day’S Delay In Filing The Appeal. Drawing Our Attention To The Affidavit Filed By The Trustee Of The Assessee, The Ld. Ar Pointed Out That Before Passing The Impugned Order [By Rejecting Assessee’S Application U/S 12Ab], The Ld. Cit(E) Had Issued Only One Notice On 22.09.2022 I.E. Seven (7) Day’S Prior To Passing Of The Impugned Order.

For Appellant: Shri D. C. Jain (Adv.)For Respondent: Smt Sanyogita Nagpal (CIT- DR)
Section 12ASection 142(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI BR BASKARAN, AM AND SHRI ABY T. VARKEY, JM

Gnp Consultancy and Solutions Pvt Ltd, Nariman Point vs. DCIT Circle-6(1), Mumbai, Nariman Point

ITA 2547/MUM/2023[2021-22]Status: DisposedITAT Mumbai20 Mar 2024AY 2021-22

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Gnp Consultancy & Dcit Solutions Private Limited Central Circle-6(1) Room No.1905, 19 Th Floor, Plot No.91, Shop No.1 Channel Classic Chs Sector Air India Building, Nariman Vs. Point 4 Kopar Khairne, Thane Mumbai-400 021 Mumbai-400 709 (Respondent) (Appellant) Pan No. Aadcg3716B Gnp Consultancy & Dcit Solutions Private Limited Central Circle-6(1) Plot No.91, Shop No.1 Room No.1905, 19 Th Floor, Channel Classic Chs Sector Air India Building, Nariman Vs. Point 4 Kopar Khairne, Thane Mumbai-400 021 Mumbai-400 709 (Appellant) (Respondent) Assessee By : Shri Nishit Gandhi, Advocate Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 23.01.2024 Date Of Pronouncement : 20.03.2024

For Appellant: Shri Nishit Gandhi, AdvocateFor Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 143Section 69

case was selected for compulsory scrutiny and notice under section 143 (2) of the act was issued on 30/6/2022 and the notice under section 142 (1) of the act was also issued on same day. The assessee submitted details and subsequently the assessment order was passed by the learned assessing ... transactions are unaccounted in the books of account of the assessee company. Therefore, the learned assessing officer issued a notice under section 142 (1) of the act on 5/8/2022 and assessee was asked to explain the document with documentary evidence. Assessee submitted on 9/9/2022 that assessee has already declared