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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)

DCIT, Chennai vs. K.Dhandapani and Co. Ltd., Chengalput

In the result, the appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is partly allowed for statistical purposes

ITA 1428/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Oct 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1428/Chny/2017 "नधा"रण वष" /Assessment Year: 2012-13 The Dcit, K. Dhandapani & Co. Ltd., Corporate Circle-4(2), No.C-20, Tvk Industrial Estate, Chennai – 600 034. Vs. Guindy, Chennai – 600 032. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O No.109/Chny/2017 [In Ita No.1428/Chny/2017] "नधा"रण वष" /Assessment Year: 2012-13 K. Dhandapani & Co. Ltd., The Dcit, No.C-20, Tvk Industrial Estate, Corporate Circle-4(2), Guindy, Chennai – 600 032. Vs. Chennai – 600 034. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) राज"व क" ओर से /Revenue By : Shri M. Rajan, Cit "नधा"रती क" ओर से/Assessee By : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 05.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.10.2022

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 2(14)Section 2(47)Section 45

आयकर अपीलीय अिधकरण, ‘सी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी महावीर "संह, उपा"य

Radius Deserve Land Developers, Mumbai vs. Pr CIT-City-6, Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 889/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Oct 2022AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.889 /Mum/2021 (A.Y. 2016-17) Radius Deserve Land Vs. Pr. Commissioner Of Developers Pvt. Ltd. Income Tax, City-6, Deserve House, Cst Room No. 501, 5 Th Floor, Road Jn, Next To Kotak Aayakar Bhavan, Mahindra Bank, Opp M.K.Road, Mumbai University, Mumbai – 400 020 Kalina Santacruz, East, Mumbai – 400098 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aagca7060F Appellant .. Respondent Appellant By : Ajay Singh Respondent By : Riddhi Mishra Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Pr.Cit-6, Mumbai Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon’Ble Pr. Cit-6 (Herein After Referred As Cit) Has Erred In Invoking Provisions Of Section 263 Of The Income Tax Act, 1961 By Issuing The Notice In-Spite Of The Fact That Scrutiny Assessment Has Been Completed By The Ito - 14(3)(1), Mumbai U/S 143 (3) Of The Income Tax Act, 1961 After Duly Examined & Considering Facts While Framing The Assessment Order U/S

For Appellant: Ajay SinghFor Respondent: Riddhi Mishra
Section 143Section 143(2)Section 143(3)Section 263Section 36(1)(iii)

ITA No. 889/Mum/2021 A.Y: 2016-17 1 Radius Deserve Land Developers Pvt. Ltd. Vs. Pr.CIT IN THE INCOME TAX APPELLATE

Thirunavukarasu Arul, Chennai vs. ITO Non Corporate Circle-10(1), Chennai

ITA 617/CHNY/2020[2015-16]Status: DisposedITAT Chennai21 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 617/Chny/2020 िनधा"रण वष"/Assessment Year:2015-16 Shri Thirunavukarasu Arul, Vs. The Income Tax Officer, #18, Govindan Street, Non Corporate Ward 10(1), Room No. 619, 6Th Floor, Wanaparthy Aminjikarai, Chennai 600 029. Block, Aayakar Bhavan, #121, Mg [Pan:Amzpa4958N] Road, Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, Ca ""थ" की ओर से/Respondent By : Shri Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 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) 12, Chennai, Dated 22.02.2019 Relevant To The Assessment Year 2015-16. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2015-16 On 29.09.2016 Admitting Total Income Of ₹.6,60,330/- The Case Was Selected For Limited Scrutiny Through Cass & Notice Under Section 143(2) Of The Income Tax Act

For Appellant: Shri Anandd Babunath, CAFor Respondent: Shri Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)

I.T.A. No.617/Chny/20 1961 [“Act” in short] dated 11.07.2017 was issued and duly served on the assessee on 14.07.2017. Notice under section 142(1) of the Act along with questionnaire was issued and the same was served on the assessee. After considering the details furnished by the assessee, the Assessing Officer

Parthiban, Chennai vs. ITO Non Corporate Ward-7(2), Chennai

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

ITA 562/CHNY/2020[2014-15]Status: DisposedITAT Chennai21 Oct 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 562/Chny/2020 िनधा"रण वष"/Assessment Year:2014-15 Shri Parthiban, Vs. The Income Tax Officer, Plot No. 83-A, Door No. 9, Thiruvallur Non Corporate Ward 7(2), Street, Jagadhambigai Nagar, Chennai 600 034. Chennai 600 050. [Pan:Biipp0005R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Sitaraman, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 23.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 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) 7, Chennai, Dated 17.01.2020 Relevant To The Assessment Year 2014-15. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2014-15 On 14.07.2014 Returning Nil Income & Agricultural Income Of ₹.43,00,530/-. The Case Was Selected Through Cass & The Assessment Was Completed Under 2

For Appellant: Shri G. Sitaraman, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 148Section 2(1)(A)

Counsel for the assessee has submitted that during the course of original assessment proceedings, the Assessing Officer issued a notice under section 142(1) of the Act dated 3 I.T.A. No.562/Chny/20 11.05.2016 asking the assessee to furnish proof for agricultural income. In response to the above notice, the assessee filed ... notice under section 143(2) of the Act was issued on 04.09.2015 and served on the assessee on 08.09.2015. Subsequently, notice under section 142(1) of the Act was issued on 11.05.2016, wherein, the Assessing Officer has asked the proof for the agricultural income received. In response to the above

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

Bhaskar Arvind Kumar Hingad mind. Without application of mind the questions raised by him in the annexure to notice under section 142 (1) of the Act could not have been formulated. The Assessing Officer was required to examine the return filed by the assessee in order to ascertain his income