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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)

P.C. Chandra Holding Pvt. Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 256/KOL/2022[2017-18]Status: DisposedITAT Kolkata21 Dec 2022AY 2017-18

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2017-18 P.C. Chandra Holding Pvt. Ltd. Pr. Cit-2, Kolkata P-37A, Nani Gopal Roychowdhury Vs. Avenue, Anada Palit Road, Kolkata- 700014. Pan: Aadcp 0094 M (Appellant) (Respondent) Present For: Appellant By : Shri Ravi Tulsiyan, Fca Respondent By : Shri G. Hukugha Sema, Cit Date Of Hearing : 14.12.2022 Date Of Pronouncement : 21.12.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Pr. Cit, Kolkata-2 Vide Order No. Itba/Rev/F/Rev5/2021-22/104144167(1) Dated 24.03.2022 Passed U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2017-18. 2. Through This Appeal, The Assessee Has Essentially Challenged The Assumption Of Jurisdiction By The Learned Principal Commissioner Of Income-Tax For Invoking The Impugned Revisionary Proceedings U/S 263 Of The Act & Passing The Order Thereunder For Which, The Assessee Has Taken As Many As Eight Grounds Of Appeal Which Are Not Reproduced For The Sake Of Brevity. The Two Issues Which Have Been Considered By The Ld. Pr. Cit For The Purpose Of Invoking The Revisionary Proceedings & Referred In The Grounds Of Appeal Are (I) Deduction U/S 80G Of The Act Amounting To Rs. 20,000/- For Which No Evidence In Support Of Payment Of Donation Is Produced To Ascertain Its Veracity (Ii) Deduction U/S 80G

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri G. Hukugha Sema, CIT
Section 10Section 143(3)Section 263Section 37Section 80GSection 80G(5)(vi)

IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH “C”, KOLKATA BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI GIRISH AGRAWAL

Raja Gopal Reddy Goli, Hyderabad vs. ITO Ward-11(5), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 139/HYD/2021[2015-16]Status: DisposedITAT Hyderabad19 Dec 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16 Shri Raja Gopal Reddy Goli Vs. Income Tax Officer Hyderabad Ward 11(5) Pan:Bbwpg4389J Hyderabad (Appellant) (Respondent) Assessee By: Advocate Smt. S. Sandhya Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 13/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 6.6.2019 Of The Learned Pr.Cit-5 Hyderabad, Relating To A.Y.2015-16. 2. The Grounds Raised By The Assessee Read As Under: 1. The Order Of The Ld. Pr. Cit Is Erroneous Both On Facts & In Law. 2. The Ld. Pr. Cit Erred In Holding That There Is Error In The Order U/S 143(3) Dated 19.12.2017 3. The Ld. Pr. Cit Ought To Have Considered The Facts That The Assessing Officer While Completing The Assessment U/S 143(3) Considered All The Facts & Circumstances & Arrived At The Total Income. 4. The Ld. Pr. Cit Erred In Holding That The Assessment Order Is Erroneous & Is Prejudicial To The Interest Of The Revenue. 5. Any Other Ground That May Be Urged At The Time Of Hearing.“ Page 1 Of 12

For Appellant: Advocate Smt. S. SandhyaFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 143(2)Section 143(3)Section 263

ITA 139 of 2021 Raj Gopal Reddy Goli आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE