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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)

Kasturi Medical Centre Private Limited, Joka, Thakurpukur vs. Additional/Joint/Deputy/Assisstant Commissioner of Income Tax/Income-Tax Officer, Delhi

In the result the appeal of the assessee is allowed

ITA 318/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.318/Kol/2025 Assessment Year: 2018-19 Kasturi Medical Centre Pvt. Ltd……………….................................……….…Appellant 5, Diamond Harbour Road, 3A Bus Stand, Joka, Thakurpukur, W.B – 700104. [Pan: Aacck1872F] Vs. Acit, Nfac, Delhi…….…………..…………….…..….......……..…...…..…..Respondent Appearances By: Shri Indernil Banerjee, Fca, Appeared On Behalf Of The Revenue. Shri Soumitra Ghosh, Sr. Dr, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : September 16, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Of The Learned Cit(A) Passed For The Assessment Year 2018–19, Whereby The Addition Of ₹85,40,911 Made By The Assessing Officer On Estimated Basis After Rejection Of Books Of Account Under Section 145(3) Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Ay 2018–19 Declaring Total Income Of ₹2,05,59,220. The Case Was Selected For Complete Scrutiny Under The Scrutiny Assessment Scheme, 2019, Primarily On The Issue Of Large Refund Claimed Out Of Advance Tax. Accordingly, Notices Under Section 143(2) & Section 142(1) Of The Act Along With Questionnaires Were Duly Issued & Served.

Section 142(1)Section 143(2)Section 145(3)

Scrutiny Assessment Scheme, 2019, primarily on the issue of large refund claimed out of advance tax. Accordingly, notices under section 143(2) and section 142(1) of the Act along with questionnaires were duly issued and served. I.T.A. No.318/Kol/2025 Kasturi Medical Centre Pvt. Ltd In response, the assessee furnished details

Deputy Commssioner of Income Tax, Central Circle, 4(3), Kolkata vs. Privi Exports Private Limited, Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is allowed for statistical purposes

ITA 1605/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 Dcit, Central Circle-4(3), Kolkata…..……………….……….……….……Appellant Vs. Privi Exports Pvt. Ltd….………………………………….....……...…..…..Respondent Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] C.O. No.67/Kol/2025 (In Ita No.1605/Kol/2025) Assessment Year: 2018-19 Privi Exports Pvt. Ltd.….……………………. ….……….……….……Cross-Objector Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] Vs. Dcit, Central Circle-4(3), Kolkata...…………………....…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Pradip Kumar Choubey:

Section 131Section 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 69C

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH KOLKATA Before Shri Rajesh

Ranjeet Kumar Yadav, Chennai vs. ITO, Ncw-6(1), Chennai

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

ITA 2215/CHNY/2025[2018-19]Status: DisposedITAT Chennai12 Dec 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. Nos.2214 & 2215/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19 Ranjeet Kumar Yadav, Vs. The Income Tax Officer, 87/5, Gnt Road, Balaji Nagar, Non Corporate Ward 6(1), Padiyanallur, Chennai 600 052. Chennai 600 006. [Pan:Atjpr9158E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Karunakaran, Advocate ""थ" की ओर से/Respondent By : Ms. Babitha, Jcit सुनवाई की तारीख/ Date Of Hearing : 09.12.2025 घोषणा की तारीख /Date Of Pronouncement : 12.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 28.12.2023 23.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 2017-18 & 2018-19 Respectively.

For Appellant: Shri M. Karunakaran, AdvocateFor Respondent: Ms. Babitha, JCIT
Section 139Section 142(1)Section 147Section 148Section 69

notice under section 148 of the Income Tax Act, 1961 [“Act” in short] dated 30.03.2021 for furnishing return of income. Thereafter, notices under section 142(1) of the Act were issued to the assessee on 15.11.2021 and 27.01.2022. The Assessing Officer issued show cause notice in the form ... dated 30.03.2021. Further, the assessee has not at all furnished any details in response to the notices issued under section 142(1) of the Act dated 15.11.2021 & 27.01.2022 and moreover, there was no compliance against the show-cause notice issued in the form of draft assessment order proposing addition

Ranjeet Kumar Yadav, Chennai vs. ITO, Ncw-6(1), Chennai

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

ITA 2214/CHNY/2025[2017-18]Status: DisposedITAT Chennai12 Dec 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. Nos.2214 & 2215/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19 Ranjeet Kumar Yadav, Vs. The Income Tax Officer, 87/5, Gnt Road, Balaji Nagar, Non Corporate Ward 6(1), Padiyanallur, Chennai 600 052. Chennai 600 006. [Pan:Atjpr9158E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Karunakaran, Advocate ""थ" की ओर से/Respondent By : Ms. Babitha, Jcit सुनवाई की तारीख/ Date Of Hearing : 09.12.2025 घोषणा की तारीख /Date Of Pronouncement : 12.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 28.12.2023 23.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 2017-18 & 2018-19 Respectively.

For Appellant: Shri M. Karunakaran, AdvocateFor Respondent: Ms. Babitha, JCIT
Section 139Section 142(1)Section 147Section 148Section 69

notice under section 148 of the Income Tax Act, 1961 [“Act” in short] dated 30.03.2021 for furnishing return of income. Thereafter, notices under section 142(1) of the Act were issued to the assessee on 15.11.2021 and 27.01.2022. The Assessing Officer issued show cause notice in the form ... dated 30.03.2021. Further, the assessee has not at all furnished any details in response to the notices issued under section 142(1) of the Act dated 15.11.2021 & 27.01.2022 and moreover, there was no compliance against the show-cause notice issued in the form of draft assessment order proposing addition