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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)

Mangayarkarasi Subramaniam, Erode vs. ITO, NFAC, Delhi

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

ITA 850/CHNY/2022[2013-2014]Status: DisposedITAT Chennai14 Dec 2022AY 2013-2014

Bench: Shri V. Durga Raoआयकर अपील सं./I.T.A. No.850/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 Smt. Mangayarkarasi Subramaniam, Vs. The Income Tax Officer, 53/1, Avvaiyar Street, National Faceless Assessment Centre, Erode. 638 011. Delhi. [Pan:Arhpm8094N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.12.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 08.09.2022 Relevant To The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That As Per Ast/Air Information On Itd Query, The Assessee Has Deposited Cash Amounting To ₹.13,90,000/- In Her Saving Bank Account During The Financial Year 2012-13 Relevant To The Assessment Year 2013-14. Since The Assessee Has Not Filed Return Of Income, The Assessing Officer Initiated

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 147Section 148

income. Since the assessee has not complied with the notice issued under section 148 of the Act or various notices issued under section 142(1) of the Act or explained about the cash deposit of ₹.13,90,000/-, the Assessing Officer concluded best judgement assessment under section 147 r.w.s.144 r.w.s

Mohamed Hussain Mahamed Harisai, Chennai vs. ITO, Ncw-5(5), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 655/CHNY/2019[2011-12]Status: DisposedITAT Chennai14 Dec 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.654 & 655/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Shri Mohamed Hussain Mohamed Vs. The Income Tax Officer, Harissi, 10, Nethaji Nagar, Iind Street Non Corporate Ward 5(5), Tondiarpet, Chennai 600 081. Chennai 600 006. [Pan:Apepm2204H] (Petitioner By) (""थ"/Respondent) अपीलाथ" की ओर से / Petitioner By : Shri N. Arjunraj, Ca For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 10, Chennai Both Dated 01.03.2018 Relevant To The Assessment Years 2010- 11 & 2011-12. 2. Both The Appeals Filed By The Assessee Are Time Barred By 277 Days Delay In Filing The Appeals Before The Tribunal. By Filing Condonation Petition In Support Of An Affidavit, The Assessee Has Explained As Under:

For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 142(1)Section 144Section 148Section 250(6)Section 69A

information. Notice under section 148 of the Income Tax Act, 1961 [“Act” in short] was issued on the assessee on 31.07.2014. Notice under section 142(1) of the Act was also issued on 15.05.2015. The assessee has not responded to various notices issued by the Assessing Officer. The Assessing Officer

Mohamed Hussain Mahamed Harisai, Chennai vs. ITO, Ncw-5(5), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 654/CHNY/2019[2010-11]Status: DisposedITAT Chennai14 Dec 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.654 & 655/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Shri Mohamed Hussain Mohamed Vs. The Income Tax Officer, Harissi, 10, Nethaji Nagar, Iind Street Non Corporate Ward 5(5), Tondiarpet, Chennai 600 081. Chennai 600 006. [Pan:Apepm2204H] (Petitioner By) (""थ"/Respondent) अपीलाथ" की ओर से / Petitioner By : Shri N. Arjunraj, Ca For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 10, Chennai Both Dated 01.03.2018 Relevant To The Assessment Years 2010- 11 & 2011-12. 2. Both The Appeals Filed By The Assessee Are Time Barred By 277 Days Delay In Filing The Appeals Before The Tribunal. By Filing Condonation Petition In Support Of An Affidavit, The Assessee Has Explained As Under:

For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 142(1)Section 144Section 148Section 250(6)Section 69A

information. Notice under section 148 of the Income Tax Act, 1961 [“Act” in short] was issued on the assessee on 31.07.2014. Notice under section 142(1) of the Act was also issued on 15.05.2015. The assessee has not responded to various notices issued by the Assessing Officer. The Assessing Officer

Shree Sainath Enterprises, Mumbai vs. DCIT Central Range-7(3), Mumbai

In the result, the appeal filed by the assessee is treated as partly allowed for statistical purpose

ITA 4959/MUM/2019[2013-14]Status: DisposedITAT Mumbai14 Dec 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleshree Sainath Vs. Dcit, Enterprises, (Now Central Rang – 7(3) Converted Into Shree Room No. 655, 6Th Sainath Enterprises Floor, Aayakar Constructions & Bhavan, Maharshi Developers Pvt Ltd.,) Karve Road, 412, Floor – 4, 17G Mumbai – 400020. Vardhaman Chambers Cawasji Patel, Horniman Circle, Fort Mumbai – 400001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abdfs2374M Appellant .. Respondent Appellant By : Shri Niraj Seth.Ar Respondent By : Shri S.K Jain.Dr Date Of Hearing 19.10.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 49, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal; Shree Sainath Enterprises, Mumbai. 1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding The Disallowance Of Interest Of Rs. 46,94,439/-U/Sec36(1)(Iii).

For Appellant: Shri Niraj Seth.ARFor Respondent: Shri S.K Jain.DR
Section 143(2)Section 143(3)Section 14A

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL

M/S Cyber Infosystem and Technologies P. Ltd., Mumbai vs. DCIT, Central Circle-5(3), Mumbai

In the result, appeals filed by the assessee and Revenue are allowed for statistical purposes

ITA 921/MUM/2020[2015-16]Status: DisposedITAT Mumbai12 Dec 2022AY 2015-16

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalem/S Cyber Infosystem Vs. Dcit, Cc-5(3) & Technologies Pvt R.No. 1906, 19Th Floor, Ltd,396, Kamath Air India Bldg, Industrial Estate, Veer Nariman Point, Savarkar Marg, Mumbai – 400021. Prabhadevi, Mumbai – 400025. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc2176K Appellant .. Respondent Appellant By : Mr.Priyavart Gupta.Ar Respondent By : Ms.Deepika Arora.Dr Date Of Hearing 22.11.2022 Date Of Pronouncement 28.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)(Cit(A))- 53, Mumbai Passed U/S 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: M/S Cyber Infosystem & Technologies P Ltd, Mumbai. 1) That, The Notice Issued Under Section 271(1)(C) Read With Section 274 Of The Act & The Order Passed Under Section 271(1)(C) Of The Act Are Illegal, Bad In Law & Without Jurisdiction.

For Appellant: Mr.Priyavart Gupta.ARFor Respondent: Ms.Deepika Arora.DR
Section 142(1)Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI BASKARAN BR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL