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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)

Tech Mahindra Business Services Ltd., Mumbai vs. The Assistant Commissioner of Income Tax, Circle-13(3)(2), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 1256/MUM/2022[2017-18]Status: DisposedITAT Mumbai24 Jul 2023AY 2017-18

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1256/मुं/ 2022 (िन.व.2017-18) Tech Mahindra Business Services Limited. Ground Floor, Spectrum Towers, Mindspace, Chincholi Bunder Link Road, Malad West, Mumbai – 400 064. Pan: Aabch-8136-L ...... अपीलाथ" /Appellant बनाम Vs. The Assistant Commissioner Of Income Tax, Circle – 13(3)(2), Room No.229, 2Nd Floor, Aaykar Bhavan, Mk Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D,Mistri, Sr. Advocate With Shri Harsh Kapadia, Advocate "ितवादी "ारा/Respondent By : Ms. Richa Gulati, Sr.Ar सुनवाई क" ितिथ/ Date Of Hearing : 28/04/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 24/07/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 30/03/2022, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Solitary Ground Assailing Disallowance Made U/S. 14A Of Income Tax Act, 1961 (In Short ‘The Act’) R.W. Rule 8D Of The Income Tax Rules, 1962 (In Short ‘The Rules’) Amounting To Rs.80,08,567/-. The Assessee Vide Application Dated 13/09/2022 Has Raised An Additional Ground

For Appellant: Shri J.D,Mistri, Sr. Advocate with Shri Harsh Kapadia, AdvocateFor Respondent: Ms. Richa Gulati, Sr.AR
Section 14A

आयकर अपीलीय अिधकरण मुंबई पीठ “ई ”, मुंबई पीठ "ी िवकास अव"थी, "याियक सद"य एवं "ी गगन गोयल, लेखाकार सद"य

Rashmi Sponge Iron and Power Industries, Raipur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, the appeal of the assessee is dismissed

ITA 98/RPR/2022[2017-18]Status: DisposedITAT Raipur20 Jul 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.98/Rpr/2022 (िनधा"रण वष" / Assessment Year: 2017-18) Rashmi Sponge Iron & Power Vs Principal Commissioner Of Income Industries Pvt. Ltd., Tax, 407-408, Ganpati Sadan, Raipur-1, Samta Colony, Raipur Raipur Pan No. : Aaacj2311G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रतीक"ओरसे /Assessee By : Sh. Rajesh Kumar Chawda, Ca राज"वक"ओरसे /Revenue By : Sh. Simran Bhullar, Cit (Dr) सुनवाईक"तार"ख/ Date Of Hearing : 20.07.2023 घोषणाक"तार"ख/Date Of Pronouncement : 20.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Assessee Is Directed Against The Order Of The Principal Commissioner Of Income Tax (Pcit), Raipur-1, Dated 23.03.2022 For The Assessment Year 2017-18. 2. At The Outset, Learned Counsel Appearing For The Assessee Submitted That The Assessee Wants To Withdraw The Present Appeal. He Has Also Filed An Application Dated 18.07.2023 For Withdrawal Of The Appeal, Which Is Extracted As Under: “It Is Most Humbly Requested Before This Hon’Ble Bench To Kindly Allow Us To Withdraw The Appeal On Following Facts:- 1) The Proceedings U/S 263 Of The It Act, 1961 Was Started On 09.08.2021 Relating To Ay 2017-18 During The Pendency Of Re- Assessment Proceeding Already Started On 09.06.2021 U/S 148 Of The It Act, 1961 & Accordingly Was Objection Raised On 08.09.2021 Which Was Not Considered By Ld. Pr. Cit, Raipur & Alongwith Request Of Personal Hearing Made On 18.02.2022 Before Deciding The Case & Passed The Order U/S 263 Of The It Act, 1961 Dated 23.03.2023. (Copies Attached)

For Appellant: Sh. Rajesh Kumar Chawda, CAFor Respondent: Sh. Simran Bhullar, CIT (DR)
Section 142(1)Section 144BSection 147Section 148Section 148ASection 153Section 153(3)Section 254Section 263Section 264

आयकरअपीलीयअिधकरण, रायपुर"यायपीठ, रायपुर IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR "ीर"वश सूद, "याियक सद"यएवं"ीअ