Section 142(1) of the Income Tax Act

Income-tax Act, 2025: s.268

Section 142(1) falls under section 142 of the Income-tax Act, 1961, which corresponds to section 268 (Inquiry before assessment) of the Income-tax Act, 2025.

Read section 268 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 142(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 17,244 judgments on BharatTax that turn on this section.

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.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

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.

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

Judgments on Section 142(1)

Venish Vinodray Lalani, Rajkot vs. Income Tax Officer, Morbi

In the result, appeal of the assessee is allowed

ITA 197/RJT/2026[2019-20]Status: DisposedITAT Rajkot19 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 197/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Venish Vinodray Lalani, The Income-Tax Officer, Ward- Prop. Of Nandini Sarees Ghar, 1, Aayakar Vibhag, J. K. Vs. 4, Rup Complex, University Chamber, Lalpar, National Road, Opp. Ramraj Travels, Highway, Morbi – 363642, Rajkot – 360005, Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aflpl9689Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 30.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, Dated 11.03.2024. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre Has Erred In Law & Facts In Dismissing The Grounds Raised In Appeal Venish Vinodray Lalani

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 132Section 142(1)Section 143(1)Section 143(2)Section 144BSection 147Section 148

Gaurav Jiteshbhai Joshi, Rajkot vs. Income Tax Officer, Ward 1(1)(1), Rajkot

In the result, the appeal of the assessee is partly allowed

ITA 1000/RJT/2026[2022-23]Status: DisposedITAT Rajkot19 Oct 2026AY 2022-23

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No.1000/Rjt/2026 [ िनधा"रण वष" /Assessment Year: 2022-23 ] Gaurav Jiteshbhai Joshi, Income Tax Officer, Ward 1(1)(1), Soham, 2B-9, Ganesh Park-1, Income Tax Office, 5Th Floor, New Vs. Near Mama Saheb Temple, Raiya Aayakar Bhawan, Rajkot, Road, Rajkot, Gujarat-360007 Gujarat-360001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Asgpj4670B (Assessee) (Respondent) िनधा"रती की ओर से/Assessee By : Shri Vimal Desai, Ld. Ar राज" की ओर से/Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30/09/2026 घोषणा की तारीख/Date Of Pronouncement : 19/10/2026 :: आदेश/Order :: Per, Dr. Arjun Lal Saini, Am : Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2022-23, Is Directed Against The Order Passed Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 19.05.2026 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld. Cit(A)’], Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S.143(3) Of The Act, Dated 02.02.2024. 2. The Solitary Grievance Of The Assessee, In This Appeal, Is That Assessing Officer Disallowed, Loss From House Property Of Rs. 2,00,000/-, The Deduction Of Rs. 1,50,000/- Under Section 80C & A Specific Amount Of Deduction Of Rs. 13,437/- Under Section 80D Of The Act. That Is, Assessing Officer Finalized The

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 142(1)Section 143(3)Section 144BSection 80CSection 80D

Vikas Ashokkumar Masand, Ahmedabad vs. The Dy. Commissioner of Income Tax Circle3(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 3130/AHD/2026[A.Y. 2017-18]Status: DisposedITAT Ahmedabad19 Oct 2026

Bench: Dr. B.R.R. Kumar, Vice- & Shri Tapas Ram Misravikas Ashokkumar Masand, The Deputy Commissioner Of Vs. Indian Oil Petrol Pump, Income Tax, Nr. Manav Mandir, Circle 3(1)(1), Drive-In Road, Ahmedabad. Ahmedabad-380052. [Pan : Acbpa3190 L] (Appellant) .. (Respondent) Appellant Represented By : Ms Ridhi Masani, Ca On Behalf Of Shri Jaimin Shah, Ar Respondent Represented By: Shri Amit Pratap Singh, Sr. Dr Date Of Hearing 15.10.2026 Date Of Pronouncement 19.10.2026 O R D E R Per Dr. B.R.R. Kumar, Vice-:- This Appeal Has Been Filed By The Assessee Against The Order Dated 16.07.2026 Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac) [Hereinafter Referred To As The ‘Ld. Cit(A)’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. That The Order Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi Dated 16.07.2026 Is Bad In Law, Contrary To The Facts On Record, Contrary To The Settled Judicial Precedents & Is Passed Without Properly Appreciating The Evidence & Submissions Placed Before Him & Therefore Requires To Be Set Aside. 2. That On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Confirming The Addition Of Rs. 34,40,123/-Made By The Learned Assessing Officer Under Section 69A Of The Act, When The Very

Section 115BSection 131Section 133(6)Section 250Section 68Section 69A