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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)

Sujith Surampudi, Ghatkesar vs. Income Tax Officer, Ward-1, Mancherial

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

ITA 1630/HYD/2025[2022-23]Status: DisposedITAT Hyderabad07 Jan 2026AY 2022-23

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1630/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2022-23) Shri Sujith Surampudi Vs. Income Tax Officer Ghatkesar Ward 1 Pan:Cwcps7355A Mancherial (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.A Swathi Sheela राज" व "ारा/Revenue By:: Smt. Helan Ruby Jesindha, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 23/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Sujith Surampudi (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 15.09.2025 For The A.Y 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order U/S250 Of The Act Dt. 15-09-2025 Passed By The Commissioner Of Income Tax(Appeals), Nfac, Delhi Is Page 1 Of 7

For Appellant: C.A Swathi SheelaFor Respondent: : Smt. Helan Ruby Jesindha, Sr. DR
Section 142(1)Section 144Section 144BSection 144rSection 250Section 272Section 272A(1)(d)

During the course of the assessment proceedings, the assessee failed to comply with the notices issued by the Ld. AO under section 142(1) of the Act dated 28.08.2023 and 07.02.2024. Consequently, the Ld. AO initiated penalty proceedings under section 272A(1)(d) of the Act. During the penalty proceedings ... continuously look after her. Owing to these unavoidable circumstances, the assessee could not comply with the notices issued by the Ld. AO under section 142(1) of the Act during the assessment proceedings. In support of this contention, the Ld. AR Page 3 of 7 ITA No1630 of 2025 Sujith

Atchutha Venkata Sreenivas Rao, Rangareddy vs. ACIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 1414/HYD/2025[2020-21]Status: DisposedITAT Hyderabad07 Jan 2026AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1414/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Atchutha Venkata Vs. Assistant Commissioner Sreenivasa Rao, Of Income Tax Ranga Reddy Central Circle 2(1) Pan:Adgpa1171P Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Praveen Kumar राज" व "ारा/Revenue By:: Smt. Helen Ruby Jesindha, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 22/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Atchutha Venkata Sreenivasa Rao (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 18.07.2025 For The A.Y 2020-21. Page 1 Of 7

For Appellant: CA Praveen KumarFor Respondent: : Smt. Helen Ruby Jesindha
Section 132Section 142(1)Section 143(2)Section 153CSection 69A

were initiated in the case of the assessee and notice under section 153C was issued on 12.07.2023. Subsequently, notice under section 142(1) of the Act dated 23.10.2024 was issued requiring the assessee to file his return of income, in response to which the assessee requested that the original return