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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)

B K Textiles, Cuttack vs. PCIT-1, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 40/CTK/2022[2017-18]Status: HeardITAT Cuttack21 Feb 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 M/S. B.K.Textiles, At: Nandi M/S. B.K.Textiles, At: Nandi Vs. Pr. Cit, Bhubaneswar Pr. Cit, Bhubaneswar -1 Sahi, Buxi Bazar, Cuttack Sahi, Buxi Bazar, Cuttack Pan/Gir No. Pan/Gir No.Aahfm 3186 G (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Keshav Dubey, Ar Keshav Dubey, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 21/0 02/2023 Date Of Pronouncement : 21/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Aga This Is An Appeal Filed By The Assessee Against The Order Of The Ld Inst The Order Of The Ld Pr.Cit,Bhubaneswar Bhubaneswar-1,Dated 2.3.2022 In In Appeal Appeal No. No. Itba/Rev/F/Rev5/2021 Itba/Rev/F/Rev5/2021-22/1040258850(1) For The Assessment Year For The Assessment Year 2017- 18. 2. Shri Keshav Dubey, Ld Ar Appeared For The Assessee & Shri Shri Keshav Dubey, Ld Ar Appeared For The Assessee & Shri Shri Keshav Dubey, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri Keshav Dubey, ARFor Respondent: Shri M.K.Gautam
Section 142(1)Section 143(3)Section 263Section 271D

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH

Singh Infrastructures India Pvt Ltd, Gurgaon vs. DCIT-Circle-24(2), New Delhi

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

ITA 2670/DEL/2019[2014-15]Status: DisposedITAT Delhi21 Feb 2023AY 2014-15

Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2014-15 Singh Infrastructure India Pvt. Ltd., Vs. Dcit, 9, Bougain Villa Marg, Circle-24(2), Dlf Phase-2, New Delhi. Gurgaon, Haryana – 122001. Pan: Aajcs3083M (Appellant) (Respondent) Assessee By : Ms Ayushi Gupta, Ca & Shri Ajay Wadhwa, Advocate Revenue By : Shri Abhishek Kumar, Sr. Dr Date Of Hearing : 28.11.2023 Date Of Pronouncement : 21.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 01.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal Taken By The Assessee Read As Under:- “That The Order Of Ld. Cit(A) - 8, Dated 01/02/2019 Is Bad In Law • & On Facts. • That The Ld. Cit(A) Has Erred On Facts & In Law In Sustaining The Addition Of Rs. 2,86,50,000/- Representing Unsecured Loan Creditors U/S 68 Of The Income Tax Act, 1961. • The Ld. Cit(A) Has Erred On Facts & In Law In Holding That The Assessee Has Failed To Discharge The Onus Of Proving Credit-Worthiness Of Lenders. • That The Ld. Cit(A) Has Erred On Facts & In Law By Not Accepting The Application Under Rule 46A For Additional Evidence. • That The Ld. Cit(A) Has Erred On Facts By Stating That The Assessee Has Not Made Any Application U/R 46A For The Admission Of Additional Evidences. The Assessee Had Duly Filed An Application U/R 46A Dated 15/01/2019 For Additional Evidences Along With The Submissions & Other Evidences Which The Ld. Cit(A) Failed To Consider & Thereby Incorrectly Alleged At Pg. 8,1St Para, 3Rd Line That No Application U/R 46A Has Been Filed. • That The Appellant Craves To Amend/Alter/Modify The Grounds Of Appeal And/Or To Raise Additional Grounds Of Appeal.”

For Appellant: Ms Ayushi Gupta, CA &For Respondent: Shri Abhishek Kumar, Sr. DR
Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI C.M