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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)

Shri Rakesh Madhubhai Kanpariya, Prempara, Dhari, Amreli-365640 vs. The ITO, Ward-3 (1) (4), Amreli

In the result, assessee’s appeal is dismissed

ITA 255/RJT/2022[2017-18]Status: DisposedITAT Rajkot25 Apr 2023AY 2017-18

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 255/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2017-18) Shri Rakesh Madhubhai The Income Tax Officer बनाम/ Kanpariya Ward-3(1)(4), Rajkot- Vs. Prempara Dhari Prempara Amreli Dhrai, Prempara Dhari Dhari, Amreli – 365640, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Daipk3406F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : None ""यथ" क" ओर से / Shri K. L. Solanki, Sr.D.R. Respondent By : सुनवाई क" तार"ख / Date Of 18/04/2023 Hearing घोषणा क" तार"ख /Date Of 25/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 29.07.2022 Passed Under Section 250 Of The Income Tax

For Appellant: None
Section 131Section 139Section 142(1)Section 144Section 250Section 69A

assessee deposited cash of Rs.10,49,500/- in the bank account. The assessee was issued with the notice dated 08.03.2018 under Section 142(1) of the Act to prepare a true and correct return of income for A.Y. 2017-18. The assessee failed to file the return of income under ... return in response to the said ITA No. 255/Rjt/2022 (Shri Rakesh Madhubhai Kanpariya vs. ITO) A. Y. 2017-18 - 3- notice under Section 142(1) of the Act dated 08.03.2018 and therefore, the source of such cash deposit made in old currency remained unexplained. The Ld. AO ultimately issued notice

Lord India P.Ltd, Mumbai vs. Asst CIT 10(2)(1), Mumbai

In the result we allow the additional ground raised by the assessee and quash the assessment order

ITA 424/MUM/2016[2011-12]Status: DisposedITAT Mumbai24 Apr 2023AY 2011-12

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhaillord India Private Vs. Assistant Commissioner Limited (F Ormer Ly Know N A S L Ord Of Income-Tax, Circle- India C Hem Ica L Pr Od Uct S Pv T. Lt D. ) 10(2)(1), Room No. 509, A/401-404, 215 – Atrium Aayakar Bhavan, Chakala, Andheri – Kurla M.K. Road, Road Andheri (East) Mumbai - 400020 Mumbai - 400093 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0785H Appellant .. Respondent Appellant By : M.P. Lohia Respondent By : Dr. Samual Pitta Date Of Hearing 29.03.2023 Date Of Pronouncement 24.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Drp-1, Mumbai Dated 26.02.2015 For A.Y. 2011- 12. The Assesse Has Raised The Following Grounds Before Us: “1. Transfer Pricing - Availing Of Intra-Group Services 1.1 On The Facts & Circumstances Of The Case & In Law, The Learned Acit/ Drp Erred In Determining The Arm'S Length Price In Relation To The International Transaction Relating To The Availing Of Group Benefit Services/ Technical Service Management Services (Hereinafter Referred To As "Intra-Group Services") Of Rs.1,14,87,092 To Be Rs. 22,97,418/-, Thus Making An Adjustment Of Rs.91,89,674/- & Thereby Disregarding The Fact That The Appellant Had Received The Services For The Purposes Of Its Business. In Doing So, The Learned Acit/ Drp Grossly Erred By Not Appreciating The Commercial Wisdom/ Expediency Of The Appellant

For Appellant: M.P. LohiaFor Respondent: Dr. Samual Pitta
Section 40

P a g e | 1 Lord India Pvt. Ltd. vs. ACIT, Circle 10(2)(1) IN THE INCOME TAX APPELLATE

State Bank of India(As A Successor to Bhaartiya Mahila Bank Limited), Mumbai vs. Principle Commissionr of Income Tax 2, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 1052/MUM/2022[2017-18]Status: DisposedITAT Mumbai21 Apr 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1052/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) State Bank Of India बिधम/ Pcit-2, Mumbai (As A Successor To Bhartiya Room No. 344, Aayakar Vs. Mahila Bank Limited) Bhavan, M. K. Road, Financial Reporting & Mumbai-400020. Taxation 3Rd Floor, Corporation Centre Madam Cama Road, Nariman Point, Mumbai-400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacs8577K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ketan Ved Revenue By: Smt. Nilu Jaggi (Dr) सुनवाई की तारीख / Date Of Hearing: 25/01/2023 घोषणा की तारीख /Date Of Pronouncement: 21/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Bank Against The Order Of The Ld. Principal Commissioner Of Income Tax-02, Mumbai Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 26.03.2022 For Assessment Year 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Drew Our Attention To The Additional Ground Of Appeal Preferred By The Assessee Wherein It Has Challenged The Validity Of Ao Passing The Order In The Name Of Erstwhile Bhartiya Mahila Bank Limited (Hereinafter “Bmbl”), Even Though, It Was Merged With M/S. State Bank Of India W.E.F. 01.04.2017 (Vide Notification Dated 22.02.2017). In This Regard, It Is Noted That From 01.04.2017, Bhartiya Mahila Bank Ltd Got Merged/Amalgamated

For Appellant: Shri Ketan VedFor Respondent: Smt. Nilu Jaggi (DR)
Section 142(1)Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI OM PRAKASH KANT