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)

Rekha Gupta, Motihari vs. ACIT, Central Circle, Muzaffarpur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 81/PAT/2025[1991-92]Status: DisposedITAT Patna09 Jan 2026AY 1991-92

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.81/Pat/2025 Assessment Year: 1991-92 Rekha Gupta………..………….………………. …………………....Appellant Balua Tal, Motihari, East Champaran, Bihar-845401. [Pan: Adkpg6602P] Vs. Acit, Cc, Muzaffarpur………...……………..………………….…..... Respondent Appearances By: Shri Abhi Sarkar, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury, Dr Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.12.2024 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 1991-92. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Deriving Income From Business & Other Sources. During The Relevant Period, The Assessee Was Engaged In The Business Of Sale Of Liquor On Wholesale & Retail Basis In The Proprietary Concern Styled As M/S Surya Enterprises. A Search & Seizure Operation Under Section 132(1) Of The Act Was Conducted At The Business Premises As Well As The Residential Premises Of The Assessee. Pursuant Thereto, An Assessment

Section 132(1)Section 142(1)Section 158BSection 250

Bhola Prasad, Gaya vs. Income Tax Officer, Gaya

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

ITA 339/PAT/2025[2017-18]Status: DisposedITAT Patna09 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.339/Pat/2025 Assessment Year: 2017-18 Bhola Prasad..………………….………………. …………………....Appellant Manpur Ptwatoli Durga Asthan, Gaya, Bihar-823001.. [Pan: Auzpp5136D] Vs. Ito, Gaya…………..………..…..……………..………………….…..... Respondent Appearances By: Shri Jitendra Kr. Sinha, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 23.05.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Manufacturing & Trading Of Textile. For The Assessment Year 2017–18, The Assessee Filed His Return Of Income Declaring Total Income Of ₹3,10,520. The Case Was Selected For Scrutiny Under Cass On Account Of High-Value Cash Deposits During The Demonetisation Period, As Reported Through Third-Party Information. Notices Under Section 143(2) Followed By Notices Under Section 142(1) Of The Income-Tax Act, 1961 Were Issued. During The Course Of Assessment Proceedings, It Was Noticed That Cash Deposits Aggregating To ₹97,64,000, Predominantly In

Section 131Section 142(1)Section 143(2)Section 250Section 44ASection 69

Birju Kumar, Patna vs. ITO, Ward- 4 (1), Patna

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

ITA 296/PAT/2025[2018-19]Status: DisposedITAT Patna09 Jan 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.296/Pat/2025 Assessment Year: 2018-19 Birju Kumar…………………….………………. …………………....Appellant Daulatpur Masaurhi, Patna, Bihar- 804452.. [Pan: Daspk0454F] Vs. Ito, Ward-4(1), Patna………..…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Md. A H Chowdhury Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.04.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee’S Case Was Reopened By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961, On The Basis Of Information Received Through Form 26As / Statement Of Specified Financial Transactions (Sft) Under Section 285Ba(1), Indicating Cash Withdrawals Amounting To ₹1,07,38,557 During The Relevant Previous Year. The Assessee Did Not File Return Of Income In Response To The Notice Under Section 148. Thereafter, Notices Under Sections 142(1) & 143(2) Were Issued On Various Dates. Despite Issuance Of Statutory Notices, The Assessee Failed To Comply & Did Not

Section 147Section 148Section 250Section 285B

Sanddep Tiwari, West Champaran vs. ITO Ward 1(5), Bettiah, West Champaran

In the result, the appeal of the assessee is allowed to the extent indicated above

ITA 255/PAT/2025[2017-2018]Status: DisposedITAT Patna09 Jan 2026AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.255/Pat/2025 Assessment Year: 2017-18 Sandeep Tiwari..…………….………………. …………………....Appellant Vill: Alitolla, Po Thakraha, Via Nechua Jalalpur, West Champaran, Bettiah, Bihar- 841503.. [Pan: Apopt9064Q] Vs. Ito, Ward-1(5), Bettiah…....…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singla, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.05.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That As Per Information Available On The Aims Module Of The Income-Tax Department, It Was Noticed That During The Period 09.11.2016 To 30.12.2016 (Demonetisation Period), The Assessee Had Made Cash Deposits Of ₹10,00,000 In His Bank Account Maintained With Bank Of India. Accordingly, Notice Under Section 142(1) Of The Income-Tax Act, 1961 Along With A Questionnaire Was Issued. Since There Was Non-Compliance On The Part Of The Assessee, A Final

Section 115BSection 142(1)Section 144Section 250Section 69A

Goodwill Tracon Pvt. Ltd., North Twenty Four Parganas vs. ITO, Ward 11(1), Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 1386/KOL/2025[2012-2013]Status: DisposedITAT Kolkata09 Jan 2026AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Goodwill Tracon Pvt. Ltd.……....………………….……….……….……Appellant 24/1, Ali Haider Road, North 24 Parganas, Kol – 700119.. [Pan: Aaccg8922G] Vs. Ito, Ward -11(1), Kolkata…………………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Smt. Madhumita Das, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 15, 2025 Date Of Pronouncing The Order : January 09, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.05.2025 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 2012–13. 2. Brief Facts Of The Case Are That The Assessee Filed Its Original Return Of Income For The Assessment Year 2012-13 Declaring Total Income Of Rs.8,590/-. The Return Of The Assessee Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Were Issued & In Response To The Said Notices, The Assessee Company Filed Various Details In Support Of Unexplained Share Capital. The Assessing Officer Found From The Balance Sheet Of The Assessee That The Company Has Received Share Capital Money Goodwill Tracon Pvt. Ltd Of Rs.5,03,65,960/-. The Director Of The Assessee Company Did Not Make Compliance To The Notice Issued U/S 131 Of The Act & The Assessing Officer Assessed The Income Of The Assessee 5,03,74,550/-.

Section 131Section 143(2)Section 143(3)Section 250Section 68