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)

Suman Verma, Lucknow vs. ITO-2(1), Lucknow-New, Lucknow

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

ITA 563/LKW/2024[2015-16]Status: DisposedITAT Lucknow06 Apr 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Suman Verma, Vs. Ito-2(1), 424, Samesi Anshik Mohanlalganj, Lucknow-New Lucknow, U.P. Pan: Anfpv3733M (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 17.03.2026 Date Of Pronouncement: 6.04.2026 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dismissing The Appeal Of The Assessee That She Had Filed Against The Orders Of The Assessing Officer Under Section 147 R.W.S. 144(4) For The Assessment Year 2015-16. The Grounds Of Appeal Are As Under:- “1. Because On The Facts & The Circumstances Of The Case, The Commissioner Of Income Tax (Appeals) Has Erred In The Fact & Law That The Entries Mentioned In The Order Under Section 148A(D) Of The Act, Of Rs. 95,41,537/- Two Times Are The Repeat Entries As The Bank Statement Was Available With A.O. During The Assessment Proceedings. 2. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Ignored The Fact That From The Proceedings Initiated Under Section 148A(D) Of The Income Tax Act, Till The Disposal Of The First Appeal, The Appellant Due To Unawareness Of Her Legal Obligations Could File Any Of Her Explanations/ Submissions At Any Stage Of The Scrutiny Or Appellate Proceedings & Did Not Get Proper Opportunity Of Being Heard. 3. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Also Totally Ignored The Fact That There Was No Cash Deposit During The Year In Question & Only Interest On Term Deposits Was Earned During The Year In Question, Which Is Also Reflecting In Form 26As.

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 115BSection 133(6)Section 142(1)Section 144Section 147Section 148Section 148ASection 69A

Manoj Gupta, Fatehgarh Sahib vs. Income Tax Officer, Mandi Gobindgarh

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

ITA 792/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh06 Apr 2026AY 2018-19

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 791/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aimpg1074C अपीलाथ"/Appellant ""थ"/Respondent & आयकर अपील सं./ Ita No. 792/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2018-19 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aaach3948K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Ashray Sarna, Ca (Virtual Mode) राज" की ओर से/ Revenue By : Sh. Vivek Aggarwal, Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06/04/2026 आदेश/Order Per Bench: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Vivek Aggarwal, CIT DR
Section 144Section 69A

Manoj Gupta, Fatehgarh Sahib vs. Income Tax Officer, Mandi Gobindgarh

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

ITA 791/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Apr 2026AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 791/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aimpg1074C अपीलाथ"/Appellant ""थ"/Respondent & आयकर अपील सं./ Ita No. 792/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2018-19 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aaach3948K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Ashray Sarna, Ca (Virtual Mode) राज" की ओर से/ Revenue By : Sh. Vivek Aggarwal, Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06/04/2026 आदेश/Order Per Bench: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Vivek Aggarwal, CIT DR
Section 144Section 69A