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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)

Crystal City Mall Private Limited, Santacruz (West), Mumbai vs. ITO Ward 12 (1) (1), Mumbai

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

ITA 3867/MUM/2023[2018-2019]Status: DisposedITAT Mumbai29 Feb 2024AY 2018-2019

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3867/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) Crystal City Mall Pvt. Ltd. बिधम/ National E-Assessment 2Nd Floor, Crystal Shopping Centre, Delhi Vs. Arcade, Opp. Indian Bank, Ito, Ward-12(1)(1) S. V. Road, Santacruz Aayakar Bavan, Mumbai- (West), Mumbai-400054. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcc4943J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rahul Hakani Revenue By: Shri H. M. Bhatt (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/02/2024 घोषणा की तारीख /Date Of Pronouncement: 29/02/2024 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 (Appeals)/Nfac, Delhi Dated 27.09.2023 For The Assessment Year 2018-19. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That The Impugned Order Of The Ld. Cit(A) Is An Exparte Order; & He Also Pointed Out That The Ao Has Passed The Order U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) I.E. Best Judgment Assessment. According To The Ld. Ar, The Assessee Was Unable To Attend Before The Ao Inter-Alia On Account Of Covid-19 Pandemic & For The Following Reasons As Under: -

For Appellant: Shri Rahul HakaniFor Respondent: Shri H. M. Bhatt (Sr. DR)
Section 142(1)Section 144Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI S RIFAUR RAHMAN

Vibha Subhash Singh, Kharghar vs. ITO Ward-2(2), Kalyan

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

ITA 3740/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 Feb 2024AY 2013-14

Bench: Shri Kuldip Singh & Shri Amarjit Singhvibha Subhash Singh Vs. Income Tax Officer- 1601 Viswahans, Sector Nfac, Ward 2(2) 35D, Near Bank Of India, Mohan Plaza, 2Nd Floor, Kharghar – 410210 Wayale Nagar, Khadakpada, Kalyan (W), Kalyan - 421301 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Apsps5258R Appellant .. Respondent Appellant By : Rajeev Waglay Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 29.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 07.08.2023 For A.Y. 2013-14. The Assessee Has Raised The Following Grounds Before Us: “I. Confirming The Addition Of Rs. 24,97,500 U/S. 69 Of Income Tax Act, 1961 On The Ground That The Appellant Had Neither Tendered The Income Tax Return Nor The Details Of Investment As Stated By The Assessing Officer Without Appreciating The Fact That The Appellant Had Filed The Return Of Income In Response To Notice U/S. 148 On 21.9.2021 Under Acknowledgment No. 550248700210921 & That This Return Was Very Much Available On Income Tax Portal. Ii. Confirming The Above Addition Without Appreciating The Fact That When The Appellant Had Invested Of Rs. 14,00,000 Only In The Property, Higher Value Could Not Have Been Attributed To The Appellant Without Any Basis.

For Appellant: Rajeev WaglayFor Respondent: S. Arunkumar
Section 139(1)Section 144Section 147Section 148Section 250Section 69

P a g e | 1 Vibha Subhash Singh Vs. ITO, NFAC, Ward 2(2) IN THE INCOME TAX APPELLATE TRIBUNAL