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)

Indira Kumari, Ranchi vs. ITO, Ward-1(1), Ranchi

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

ITA 376/RAN/2025[23-24]Status: DisposedITAT Ranchi17 Apr 2026

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayassessment Year: 2023-24 Indira Kumari……………………………………………….……...Appellant Priyadarshi Academy Bajpayee Path, Hinoo Ranchi, Jharkhand-834001 [Pan: Akopk1488L] Vs. Ito, Ward-1(1), Ranchi……………………………..……...…..…..Respondent Jharkhand-834001 Appearances By: None, Appeared On Behalf Of The Appellant. Shri Kailash Gautam, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 15, 2026 Date Of Pronouncing The Order : April 17, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.08.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2023-24. 2. Brief Facts Of The Case Are That, The Assessee Is An Individual Filed Return Of Income Declaring Total Income Of Rs.6,95,160/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass On Account Of Large Investment In Bonds, Debentures Vis-À-Vis Return Of Income Claim Of Deduction U/S 54F Of The Act. During The Assessment Proceedings, Notices U/S 143(2) & 142(1) Were Issued. However, Assessee Only Partially Complied With Said Notices. In View Of The Non-Compliance, The Assessing Officer Proceeded To Complete The Assessment U/S 144 Of The Indira Kumari Act. The Ld. Ao Made The Addition On Account Of Long-Term Capital Gain Of Rs.1,86,89,102/-, Disallowance Of Deduction Claim Under Chapter Via Of Rs.1,68,921/-. Accordingly, The Income Of Assessee Was Assessed At Rs.1,95,53,183/-.

Section 143(2)Section 144Section 250Section 54F

Pawan Kumar Poddar, Jamshedpur vs. ACIT, Central Circle, Jamshedpur

In the result, appeal of the assessee is allowed for statistical purposes, subject to payment of cost of Rs

ITA 374/RAN/2025[2021-22]Status: DisposedITAT Ranchi17 Apr 2026AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayassessment Year: 2021-22 Pawan Kumar Poddar……………………………………………...Appellant C.H Area, Road No.13 Sonari, Jamshedpur Jharkhand-831011 [Pan: Abjpp6962C] Vs. Acit, Central Circle, Jamshedpur…………………..……...…..…..Respondent Jharkhand-834001 Appearances By: Shri Nitin Kr. Pasari, Ar, Appeared On Behalf Of The Appellant. Shri Kailash Gautam, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 15, 2026 Date Of Pronouncing The Order : April 17, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.03.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2021-22. 2. Brief Facts Of The Case Are That, Assessee Filed Return Of Income Declaring Income Of Rs.9,92,630/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass Primarily To Examine Relating To Cash Deposit. Accordingly, Statutory Notices U/S 143(2) & 142(1) Of The Act Were Issued. During The Course Of Assessment Proceedings, The Assessee Furnished Certain Details, However, The Same Were Found To Be Unsatisfactory. Accordingly, The Assessing Officer Further Observed Assessee Had Long Term Capital Gain Arising From Sale Of Immovable Pawan Kumar Poddar Property, However, No Proper Explanation Of Supporting Documents Were Furnished, In Response To Specific Queries Raised By The Assessing Officer. In Absence Of Satisfactory Explanation, The Assessing Officer Treated The Cash Deposit Of Rs.31,47,000/- As Unexplained Cash & Also Made Addition In Respect Of Ltcg Amounting To Rs.21,78,069/-. Accordingly, Total Income Of The Assessee Was Assessed At Rs.63,17,700/-.

Section 143(2)Section 250

K P Automobiles Private Limited, Ranchi vs. Commissioner of Income Tax(A), Ranchi

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

ITA 303/RAN/2025[2023-24]Status: DisposedITAT Ranchi17 Apr 2026AY 2023-24

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayassessment Year: 2023-24 K P Automobiles Private Limited………………………………………...Appellant 510, Industrial Area Kokar, Ranchi Jharkhand-834001 [Pan: Aafck0101N] Vs. Cit(A), Ranchi…….………………………..……...…..…..Respondent Jharkhand-834001 Appearances By: Shri Manjeet Verma, Ar, Appeared On Behalf Of The Appellant. Shri Kailash Gautam, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 15, 2026 Date Of Pronouncing The Order : April 17, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.08.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2023-24. 2. Brief Facts Of The Case Are That, The Case Of The Assessee Was Selected For Scrutiny Under Cass Primarily To Examine Issues Relating To Low Net Profit. Accordingly, Statutory Notice U/S 143(2) & 142(1) Of The Act Were Issued. However, Assessee Failed To Comply With The Notices Issued During The Assessment Proceedings. In View Of Non-Compliance, The Assessing Officer Proceeded To Complete The Assessment U/S 144 Of The Act. During The Course Of Assessment, The Assessing Officer Observed That Unexplained Cash Credit Amounting To Rs.47,14,000/- Which Were K P Automobiles Private Limited Not Satisfactorily Explained By The Assessee. Accordingly, The Assessing Officer Treated The Said Amount As Unexplained Income & Completed The Assessment By Determining The Total Income At Rs.1,44,97,923/- As Against The Return Income.

Section 143(2)Section 144Section 249(3)Section 250

Ramchandradada Kawade Punya Nagari Nagari Sahakari Pat Sanstha Maryadit, Pune vs. ITO 7(1), Pune

In the result, the appeal filed by the Revenue is dismissed

ITA 379/PUN/2026[2017-2018]Status: DisposedITAT Pune17 Apr 2026AY 2017-2018

Bench: Shri Manish Borad & Shri Pavan Kumar Gadale, Judicialmember I T A. No..379/Pun/2026 (A.Y.2017-18) Vs Ramchandradadakawade I.T.O.Ward 7(1), Punyanagarinagarisahakrai Aayakarsadan, . Pat Sanstha Maryadit, Bodhi Tower, S.No.66 Media Park, 548/2B, B T Kawade Road., Salasbury Park, Ghorpadi, Pune -411011 Pune-411037, Maharashtra. Maharashtra. Pan.No.Aaaap5734H (अपीलाथ"/Appellant) (""यथ"/Respondent) Assesseeby Shri.Rajendrakadrekar&Siddheshwarhadi,Ar Revenue By Shri.Amitbobde, Cit Dr सुनवाई क" तारीख/Date Of Hearing 08.04.2026 17.04.2026 घोषणा क" तारीख/Date Of Pronouncement Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assessee Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec143(3)R.W.S 263 & 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/Cit(A) Sustaining The Denial Of Claim Of Deduction U/Sec 80P(2)(A)(I) Of The Act & Without Prejudice To Alternate/Obtaining Relief On Interest Income Earned On Deposits With The Co-Operative Banks. 2. The Brief Facts Of The Case Are That, The Assessee Is A Co- Operative Society Registered Under Maharashtra Societies

Section 133(6)Section 143(3)Section 263Section 80