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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)

Catholic Education Society, Mumbai vs. Income Tax (Exemption), Mumbai

In the result, appeal of the assessee is allowed

ITA 5030/MUM/2025[2020-21]Status: DisposedITAT Mumbai29 Dec 2025AY 2020-21

Bench: Shri Sandeep Gosain & Shri Girish Agrawalcatholic Education Society Vs Income Tax Department Cit 338, Bb, Michael Villa, New (Exemption) Hall Road, Kurla (W), Mumbai Room No.601, 6Th Floor, 400070 Cumballa Hill Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Pan: (Aaatc5704H) Mumbai 400026 Appellant Respondent Present For: Appellant By : Dr K Shivram Sr. Advocate & Shri Shashi Bekal, Ca Respondent By : Shri R.A. Dhyani, Cit Dr Date Of Hearing : 01.10.2025 Date Of Pronouncement : 29.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(Exemptions), Mumbai Vide Order No. Itba/Rev/F/Rev5/2024- 25/1075306167(1) Dated 30.03.2025 Passed Against Assessment Order U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 05.09.2022 For Ay 2020-21. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. On Facts & Circumstances Of The Case & In Law, The Ld. Commissioner Of Income-Tax (Exemption) (Cit(E)) Has Erred In Issuing A Notice & Passing An 2

For Appellant: Dr K Shivram Sr. Advocate and Shri Shashi Bekal, CAFor Respondent: Shri R.A. Dhyani, CIT DR
Section 11Section 12ASection 13Section 13(3)Section 142(1)Section 143(1)Section 143(3)Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Sh. Satpal Singh, Meerut vs. ITO, Meerut

The appeal of the assessee is dismissed

ITA 2761/DEL/2013[2007-08]Status: DisposedITAT Delhi29 Dec 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandrash. Satpal Singh, Income Tax Officer, C/O Sh. P.K. Dublish, Ward-2 (3), Meerut. Advocate, 205/5, Vs. Thapar Nagar, Meerut. Pan-Bllps5466B (Appellant) (Respondent) Appellant By None Respondent By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 16.12.2025 Date Of Pronouncement 29.12.2025 Order Per Yogesh Kumar U.S., Jm: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Meerut [“Ld.Cit(A)”, For Short], Dated 16.12.2010 Pertaining To Assessment Year 2007-08. 2. Brief Facts Of The Case Are That The Assessment Order Came To Be Passed On 29.12.2009 U/S 1243(3) Of The Act By Making The Following Additions: I. Rs.1,49,761/- On Account Of Gross Profit On Suppressed Sales. Ii. Rs.1,16,750/- On Account Of Unexplained Capital. Iii. Rs.16,00,000/- On Account Of Unexplained Income. Iv. Rs.36,87,216/- Towards Unexplained Debtors. Satpal Singh Vs. Ito 3. Aggrieved By The Assessment Order Dated 29.12.2009, Assessee Preferred An Appeal Before The Ld. Cit(A). The Ld. Cit(A) Vide Order Dated 16.10.2010 Dismissed The Appeal Of The Assessee. As Against The Order Of The Ld. Cit(A) Dated 16.10.2010, Assessee Preferred The Present Appeal.

Section 124Section 133(6)Section 142(1)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI