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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)

Narendra Singh Bisht, Gomtinagar vs. ACIT- 1, Lucknow-New, Lucknow

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

ITA 63/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Dec 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.63/Lkw/2025 ननिाारण वर्ा/ Assessment Year: 2017-18 Narendra Singh Bisht V. Acit-1, Lucknow New 123, Khargapur, Gomtinagar, Aayakar Bhawan, Ashok Malesemau, Uttar Pradesh- Marg, Lucknow-226001. 226010. Pan:Aljpb0987D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Ashwani Jaiswal, C.A. प्रत्यर्थी कक और से /Respondent By: Shri R. R. N. Shukla, Addl. Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 11 2025 घोर्णा कक तारीख/ Date Of 30 12 2025 Pronouncement:

For Appellant: Shri Ashwani Jaiswal, C.AFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 142(1)Section 144Section 282Section 68

following grounds of appeal: - “1. Because the assessee was prevented by sufficient and reasonable cause in non-complying the notice issued under section 142(1) of the Act, as the notices issued were never served on the appellant, the Assessing Officer was not justified in framing the assessment ex-parte ... being bad in law, the same be set aside. Page 2 of 6 2. Because there being no service of notice issued under section 142(1) by the Assessing Officer on the assessee as per the provisions of section 282 as alleged in the assessment order, the I assessment framed

Mrs. Ranjana, Mrizapur vs. Assessing Officer, NFAC, Delhi

In the result, the appeal of the assessee is partly allowed

ITA 505/LKW/2025[2015-16]Status: DisposedITAT Lucknow31 Dec 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Mrs Ranjana V. The Assessing Officer Village Dewapur Pachwal Nafc Post Rajapur, Aamghat Mirzapur (U.P) Tan/Pan:Aoxpr7130M (Applicant) (Respondent) Applicant By: Shri Narendra Kumar Sahu, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 31.03.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2015-16. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed Her Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Purchased An Immovable Property Valued At Rs.60,00,000/- . The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice To The Assessee Under Section 148 Of The Act. However, The Assessee Neither Responded To The Notice Under Section 148 Of The Act Nor Filed Any Return Of Income For The Year Under Consideration. The Assessing Officer (Ao)

For Respondent: Shri R.R.N. Shukla, D.R
Section 142(1)Section 147Section 148Section 250Section 69

there was no response from the side of the assessee to the notices issued by the AO. Thereafter, the AO issued notice under section 142(1)/144 of the Act to the assessee, requiring the assessee to furnish the copy of registered sale deed in respect of purchase transactions

Dipankar Dutta, Howrah vs. I.T.O., Ward - 54(1), Kolkata

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

ITA 2300/KOL/2025[2016-2017]Status: DisposedITAT Kolkata31 Dec 2025AY 2016-2017

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2300/Kol/2025 Assessment Year: 2016-2017 Dipankar Dutta,…………………….………...……Appellant 115, Sita Nath Bose Bye Lane, Salkia, Howrah-711106, W.B. [Pan:Acypd1204F] -Vs.- Income Tax Officer,…………………………..…..Respondent Ward-54(1), Kolkata, Bamboo Villa, Central Revenue Building, 169, A.J.C. Bose Road, Kolkata-700014 Appearances By: Shri J.M. Thard, Advocate, Appeared On Behalf Of The Assessee Shri Abhijit Adhikari, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 11, 2025 Date Of Pronouncing The Order: December 31, 2025 O R D E R

Section 131Section 142(1)Section 144Section 148Section 68

dated 26.03.2021 after obtaining approval from the competent authority to assess the above transaction. The assessee did not make compliance. Thereafter notices under section 142(1) on different dates were issued to the assessee along with questionnaire but the assessee did not make compliance with the notices issued. Thereafter assessment ... pleaded that sufficient opportunity was being provided to the assessee to substantiate his claim. Despite being given multiple opportunities via notices issued under section 142(1) during assessment proceedings and under section 250 of the Act during the appellate proceedings, the assessee failed to provide verifiable and independent documentary evidence