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)

Ganesh Ram Dokania, Banka vs. ACIT, Cir-2, Patna

In the result, the appeal of the assessee is allowed

ITA 238/PAT/2025[2014-15]Status: DisposedITAT Patna08 Jan 2026AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Years: 2014-15 Ganesh Ram Dokania………..……..………………….……….……….……Appellant Dokania Market, Aliganj, Bihar-813102.. [Pan: Aadfg1795P] Vs. Acit, Circle-2, Patna…….………...…………………….....……...…..…..Respondent Appearances By: Shri Manish Rastogi, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Of The Cit(A)-3, Patna (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. Facts In Brief Are That The Assessee Is Engaged In Real Estate Business & The Assessee Filed Return Of Income On 15.11.2016 In Response To Notice U/S 153A Of The Act By Declaring Total Income Of Rs.31,56,350/-. Notice U/S. 143(2) Of The Act Was Issued & Subsequently, Assessment U/S. 153A/144 Was Completed At A Total Income Of Rs.25,67,79,232/- Wherein The Assessing Officer Imposed Penalty U/S. 271Aab Of The Act At Rs. 1,60,00,000/- On Undisclosed Income.

Section 143(2)Section 153ASection 250Section 271(1)(c)Section 271ASection 274

West Bengal Co-Operative Milk Producers Federation Ltd., Kolkata vs. I.T.O., Ward - 50(1), Kolkata

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

ITA 2298/KOL/2025[2018-2019]Status: DisposedITAT Kolkata08 Jan 2026AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 West Bengal Co-Operative Milk Producers Federation Ltd….……….……Appellant Lb-2, Sector-Iii, Salt Lake City, Kol – 700106.. [Pan: Aaaaw0454H] Vs. Ito, Ward-50(1), Kolkata.…………………………..…….....……...…..…..Respondent Appearances By: Shri I. Banerjee, Ar, Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.10.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 286 Days. The Assessee Has Filed An Affidavit For Condonation Of The Delay, Which Is Self-Explanatory. After Going Over The Said Affidavit, We Find That The Delay Was Occurred Due To Unusual Circumstances Which Was Beyond The Control Of The Assessee & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 142(1)Section 143(2)Section 250Section 37Section 80P

Tonmoy Sadhukhan, Bhangar vs. ITO, Ward 25(1), Kolkata

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

ITA 2291/KOL/2025[2017-2018]Status: DisposedITAT Kolkata08 Jan 2026AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Tonmoy Sadhukhan…………..……..………………….……….……….……Appellant Ghatakpukur, Gobindapur Bhangar, South 24 Parganas 743502, Wb – 743502. [Pan: Cbzps8992R] Vs. Ito, Ward-25(1), Kolkata…………………………..…….....……...…..…..Respondent Appearances By: Shri P. K. Rai, Adv, H. Mukhopadhaya & Trideep Nayak, Adv., Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.02.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 528 Days. The Assessee Has Filed An Affidavit For Condonation Of The Delay, Which Is Self-Explanatory. After Going Over The Said Affidavit, We Find That The Delay Was Occurred Due To Unusual Circumstances Which Was Beyond The Control Of The Assessee & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 143(2)Section 143(3)Section 250Section 69A

Satya Subhas Ghoshal, Kolkata vs. I.T.O., Ward - 28(2) Presently 30(1), Kolkata

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

ITA 1988/KOL/2025[2016-2017]Status: DisposedITAT Kolkata08 Jan 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2016-17 Satya Subhas Ghoshal………..……..………………….……….……….……Appellant 49/1, Karl Marx Sarani, Kol – 700023. [Pan: Aenpg8374C] Vs. Ito, Ward-28(2), Presently Ward-30(1), Kolkata……….....……...…..…..Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 10, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 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 The Assessee Is An Individual & Filed His Return Of Income Was Filed Showing Total Income Of Rs.3,39,860/-. The Case Was Selected For Scrutiny & The Assessing Officer Issued Notices U/S 143(2) & 142(1) Of The Act. It Was Also Found That The Assessee Had Deposited Cash Of Rs.1,03,86,425/-In Saving Bank Account In Indusind Bank (Rs. 30,56,625/-) & Icici Bank (Rs. 73,29,800/-). As There No Explanation & No Requisite Documents Were Provided By The Assessee To Verify The Source Of Such Cash Deposits, The Assessing Officer Added The Entire Sum Of Rs. 1,03,86,425/- U/S 68 Of The Act. Satya Subhas Ghoshal 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Holding That The Assessee Failed To File Any Credible Evidence In Support Of The Claim.

Section 143(2)Section 250Section 68