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)

Sail Employees Cooperative Housing Society, Ranchi vs. DCIT, Circle-1, Ranchi

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

ITA 318/RAN/2025[14-15]Status: DisposedITAT Ranchi16 Apr 2026

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayassessment Year: 2014-15 Sail Employees Cooperative Housing Society………………………...Appellant Sunaina Khaitan, Savitri Enclave Karamtoli, Ranchi, Jharkhand-834001 [Pan: Aahas8163J] Vs. Dcit, Cirlce-1, Ranchi………….………………………..……...…..…..Respondent Jharkhand-834001 Appearances By: None, Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 13, 2026 Date Of Pronouncing The Order : April 16, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.07.2025 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 2014-15. 2. Brief Facts Of The Case Are That, Assessee Did Not File Its Return Of Income For The Assessment Year 2014-15 As Required U/S 139 Of The Act. Subsequently, Information Was Received By The Department That The Assessee Had Entered Into Transaction Involving Sale Of Immovable Property Aggregating Of Rs.39,39,72,325/- Comprising Of Two Properties Sold At Rs.31,04,28,281/- & 08,35,44,044/- Respectively. Based On Such Information Notice U/S 148 Of The Act Was Issued Calling Upon The Assessee To File Its Return Of Income, However, There Was No Compliance Sail Employees Cooperative Housing Society From The Assessee. Thereafter, Notice U/S 142(1) Was Also Issued But The Assessee Again Failed To Respond. In View Of The Persistent Non-Compliance, The Assessing Officer Completed The Assessment Ex-Parte U/S 147 R.W.S 144 & 144B Of The Act, Determining The Total Long Term Capital Gain Of Rs.39,39,72,325/-

Section 139Section 142(1)Section 147Section 148Section 250

Jay Prakash Singh, C/O Prabhu Singh Kutti Simaria Chatra vs. Appeal Commissioner, Hazirabagh

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

ITA 309/RAN/2025[2016-2017]Status: DisposedITAT Ranchi16 Apr 2026AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayassessment Year: 2016-17 Jay Prakash Singh. …………………………..……………………………...Appellant C/O Prabhu Singh Kutti Simaria Chatra, Hazaribag, Jharkhand-825103 [Pan: Bpbps1002P] Vs. Dcit, Circle-1, Hazaribag………….………………..……...…..…..Respondent Jharkhand-825301 Appearances By: Shri Mritunjay Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Kailash Gautam, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 13, 2026 Date Of Pronouncing The Order : April 16, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.07.2025 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 2016-17. 2. Brief Facts Of The Case Are That, Assessee Filed Return Of Income Declaring Total Income Of Rs.16,79,900/-. The Case Of The Assessee Was Selected For Scrutiny & Notice U/S 142(1) Of The Act Was Issued. During The Course Of Assessment Proceedings, It Was Observed That The Assessee Had Claimed Exempt Income Amounting To Rs.79,82,866/- Comprising Of Rs.8,19,000/- As Agricultural Income & Rs.71,63,866/- As Thereof Profits From Partnership Firm. However, Assessee Failed To Furnish Supporting Documents Evidence To Substantiate The Claim Of Such Jay Prakash Singh Exempt Income. Consequently, The Assessing Officer Treated The Entire Amount Of Rs.79,82,866/- As Unexplained Income & Added The Same To The Total Income Of The Assessee. Accordingly, Assessment Was Completed U/S 143(3) Of The Act, By Determining Total Income At Rs.96,62,766/-.

Section 142(1)Section 143(3)Section 250