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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)

G. Basavapoorna, Salem vs. ACIT, Salem

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

ITA 915/CHNY/2020[2009-10]Status: DisposedITAT Chennai16 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 915/Chny/2020 िनधा"रण वष"/Assessment Year:2009-10 Vs. The Assistant Commissioner Of G. Basavapoorna (Individual), 12, Murugan Nagar, Raman Nagar Po, Income Tax, Circle Iii Mettur Dam, Salem District, Salem. Tamil Nadu 636 403. [Pan:Aeppb0023F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 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), Salem, Dated 16.09.2020 Relevant To The Assessment Year 2009-10. Besides Challenging Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 [“Act” In Short], The Assessee Has Disputed Confirmation Of Unexplained Investments Under Section 69A Of The Act.

For Appellant: NoneFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 133ASection 142(1)Section 144Section 147Section 148Section 44ASection 69A

filed. Accordingly, notice under section 148 of the Act was issued on 29.02.2012. No response made to the notice. Notice under section 142(1) of the Act was issued on 24.08.2012 calling for return of income and produce books of account. Since there was no response the above notices

Metallurgical Services P. Ltd., Mumbai vs. Pr. CIT-6, Mumbai

In the result, the impugned order is set-aside and the appeal of assessee is allowed

ITA 835/MUM/2021[2015-16]Status: DisposedITAT Mumbai13 Sept 2022AY 2015-16

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 835/मुं/2021 (िन.व. 2015-16) Metallurgical Services Private Limited, Mehta House, Ashok Silk Mills Lane, Opp. Damodar Park, Off Lbs Marg, Ghatkopar (W), Mumbai 400 086 Pan: Aafcm-5665-D ...... अपीलाथ" /Appellant बनाम Vs. Principal Commissioner Of Income Tax, Mumba-6, Room No.501, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai-400020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : S/Shri Siddesh Chougule & Ajit Jain "ितवादी "ारा/Respondent By : S/Shri Amol Kirtane & Mehul Jain सुनवाई की ितिथ/ Date Of Hearing : 17/06/2022 घोषणा की ितिथ/ Date Of Pronouncement : 13/09/2022 आदेश/ Order

For Appellant: S/Shri Siddesh Chougule & Ajit JainFor Respondent: S/Shri Amol Kirtane & Mehul Jain
Section 263Section 92BSection 92B(1)

issue, hence it falls under Explanation-2(a) and (b) to Section 263 of the Act. The ld. AR referred to notice under Section 142(1) of the Act dated 22.08.2016 (page 267 of the Paper Book). The ld. AR pointed that the Assessing Officer made a specific query with ... regard to the depreciation at Sr. No. 15 of the annexure to the notice under Section 142(1) of the Act and the assessee filed detailed reply to the said notice. 3. Per contra, Shri Mehul Jain representing the Department strongly supported the impugned order. The ld. DR submitted that