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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)

Dr Axion India Private Limited, Thiruvallur vs. ACIT, NFAC, Delhi

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 301/CHNY/2022[2018-19]Status: DisposedITAT Chennai02 Dec 2022AY 2018-19

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.301/Chny/2022 िनधा"रण वष"/Assessment Year: 2018-19 Dr Axion India Private Limited, Vs. The Assistant Commissioner Of No. 7, Othappai Village, Uthukottai, Income Tax, Thiruvallur, Tamil Nadu 602 023. Corporate Circle 1(1), Chennai. [Pan:Aaccd5071D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. Abishek Murali, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.11.2022 घोषणा की तारीख /Date Of Pronouncement : 02.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 04.04.2022 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018-19 On 21.11.2018 Declaring Total Income Of ₹.9,90,18,014/-. The Case Was Selected For Complete

For Appellant: Dr. Abishek Murali, F.C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)Section 143(1)Section 143(3)Section 144BSection 2(24)(x)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

declaring total income of ₹.9,90,18,014/-. The case was selected for complete 2 I.T.A. No. 301/Chny/22 scrutiny. Notice under section 142(1) of the Income Tax Act, 1961 [“Act” in short] was issued to assessee on 17.12.2020 calling for various details. After considering the details filed

Dnyanraj Yashvant Nikam, Mumbai vs. Pr, CIT -17, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 1719/MUM/2021[2010-11]Status: DisposedITAT Mumbai01 Dec 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1719/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) Dnyanraj Yashvant Nikam Pcit बिधम/ 110, 2Nd Floor, Mody Street, Room No. 120, 1St Floor, Vs. Jamathkhana Building Fort, Kautilya Bhavan, C-41 To Mumbai-400001. C-43 G-Block Bkc, Bandra (E), Mumbai- 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abmpn6980B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 14/11/2022 घोषणा की तारीख /Date Of Pronouncement: 01/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-17, [Hereinafter Referred To As The “Pcit”], Mumbai Dated 09.03.2021 For Assessment Year 2010-11 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: NoneFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 142(1)Section 143(3)Section 144Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI GAGAN GOYAL, AM

Mr.N. Venkatesh, Namakkal vs. ITO, Inttaxn Ward 2(1), Chennai

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

ITA 449/CHNY/2022[2017-2018]Status: DisposedITAT Chennai30 Nov 2022AY 2017-2018

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.449/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Shri N. Venkatesh, Vs. The Income Tax, 5/14, Singilipatty, L. Kanavaipatty, International Taxation Ward 2(1), Namakkal 637 002, Chennai. Tamil Nadu. [Pan:Adupv3691F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, Fca ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 15.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai Dated 30.03.2022 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 On 31.05.2017 Admitting Total Income Of ₹.1,95,490/-. Subsequently, The Case Was Selected For Scrutiny Through Cass & Notice Under Section 143(2) Of The Income Tax Act

For Appellant: Shri T.S. Lakshmi Venkataraman, FCAFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 69A

Income Tax Act, 2 I.T.A. No.449/Chny/22 1961 was issued to the assessee on 09.08.2019 as well as notice under section 142(1) of the Act was also issued calling for details. After considering the details furnished by the assessee against statutory notices and by following due procedure, the Assessing Officer

R. Yuvaraj, Chennai vs. ITO, Non Corporate Ward-22(5), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 114/CHNY/2022[2011-12]Status: DisposedITAT Chennai30 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 114/Chny/2022 िनधा"रण वष"/Assessment Year:2011-12 Shri R. Yuvaraj, Vs. The Income Tax Officer, New No. 1/227, Old No. 1/206, Non Corporate Ward 22(5), Bajanai Koil Street, Medavakkam, Chennai. Chennai 600 100. [Pan:Ahbpy9547N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R.S. Balaji, Advocate & Shri B. Sakthivel, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 28.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 10, Chennai Dated 05.03.2020 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Delayed By 639 Days In Filing The Appeal Before The Tribunal. The Assessee Has Filed Condonation Petition In The Form Of An Affidavit Explaining The Delay Was Due To 2

For Appellant: Shri R.S. Balaji, Advocate &For Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 263

consideration and passing of necessary order in accordance with law. 3 I.T.A. No.114/Chny/22 Accordingly, by issuing notices under section 143(2) and under section 142(1) of the Act and considering the submissions of the assessee, the Assessing Officer has completed the assessment under section 143(3) r.w.s

ITO, Corp Ward -6(4), Chennai vs. Sri Kumaran Wind Energy Pvt Ltd, Chennai

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 3373/CHNY/2018[2008-09]Status: DisposedITAT Chennai30 Nov 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3373/Chny/2018 िनधा"रण वष"/Assessment Year: 2008-09 The Income Tax Officer, Vs. M/S. Sri Kumaran Wind Corporate Ward– 6(4), Energy Pvt. Ltd., No. 3, Chennai – 600 034. Manali Express Road, Tkp Nagar, Chennai 600 019. [Pan: Aajcs6450L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Boopathi, Addl. Cit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 21.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai, Dated 28.09.2018 For The Assessment Year 2008-09. The Only Issue Involved In This Appeal Is Relating To Deletion Of Addition Made Of Interest Payment For ₹.1,46,74,910/- By Admitting Additional Evidence Is In Violation Of Rule 46A Of The Income Tax Rules, 1962. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of 2

For Appellant: Shri R. Boopathi, Addl. CITFor Respondent: Shri S. Sridhar, Advocate
Section 142(1)Section 144Section 147Section 148

been issued. The reasons for reopening were also communicated to the assessee. The assessee was also given a final opportunity vide notice under section 142(1) of the Act dated 15.10.2013. Since there was no response from the assessee, the Assessing Officer has completed the assessment under section