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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)

Income Tax Officer 11(3)(2), Mumbai vs. Varad Vinayak Realty Private Limited, Mumbai

In the result, the appeal of the revenue is dismissed and cross objection and cross appeal of the assessee are allowed

ITA 5279/MUM/2017[2009-10]Status: DisposedITAT Mumbai12 Jan 2022AY 2009-10

Bench: Shri Laliet Kumar& Shri S. Rifaur Rahmanito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Appellant Vs. M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Respondent C.O. No. 50/Mum/2019 In Ita No.5279/Mum/2017 (A.Y.2009-10) M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Appellant Vs. Ito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Respondent M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E)

For Appellant: Sh. S.N. Kabra, Sr. DRFor Respondent: Sh. Pawan Chakrapani, AR
Section 68

notice under section 148 of the act only on 22 January 2015. 6. In between the assessing officer had issued the notice under section 142(1) of the Act and had also allegedly issued the notice under section 143(2) on the assessee on 25 July 2014. 7. As there ... compliance of the notice issued under section 142 (1) of the Act, another notice was issued to the assessee on 8th January 2015. 8. The assessee complied with the notice issued under section 142(1) throw its legal representative namely M/s Hemani & Company Charted Accountant vide their letter dated 22nd

The Board of Control for Cricket in India, Mumbai vs. ACIT Cent. Cir. 35, Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 2851/MUM/2017[2005-06]Status: DisposedITAT Mumbai12 Jan 2022AY 2005-06

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 2851 & 2852/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2005-06 & 2006-07) The Board Of Control For बिधम/ Dcit Central Circle-6(2) 19Th Floor, Air India Cricket In India Vs. Wankhede Stadium, „D‟ Road, Building, Nariman Point, Churchgate, Mumbai-400020. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatb0186A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Percy Pardiwalla Revenue By: Shri A. K. Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 14/12/2021 घोषणा की तारीख /Date Of Pronouncement: 12/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 09.01.2017 Passed By The Commissioner Of Income Tax (Appeals) -54, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2005- 06 & 2006-07. Ita. No.2851/Mum/2017 2. The Assessee Has Filed The Present Appeal Against The Order Dated 09.01.2017 Passed By The Commissioner Of Income Tax (Appeals) -54, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2005- 06. Ita Nos. 2851 & 2852/M/2017 A.Ys.2005-06 & 2006-07 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Percy PardiwallaFor Respondent: Shri A. K. Kardam (DR)
Section 11Section 12ASection 143(3)Section 147Section 148

proceedings sheet show that no such valid notice was even issued. Even in the assessment order, there is a mention of notice under section 142(1), but there is not even a mention of issuance of notice under section 143(2). In view of these factual findings