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)

Sri Hari Prasad Agarwal, Howrah vs. ITO, Ward 46(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 1617/KOL/2025[2015-2016]Status: DisposedITAT Kolkata21 Nov 2025AY 2015-2016

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1617/Kol/2025 ("नधा"रण वष" / Assessment Year : 2015-2016) Sri Hari Prasad Agarwal, Vs Ito Ward-46(1), Kolkata Salarpuria Jajodia @ Co.7, Chittaranjan Avenue, Kolkata West Bengal-700072 Pan No. :Adapa 9125 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S. Jhajharia, Fca राज"व क" ओर से /Revenue By : Shri Sima Das Biswas, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 16/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.05.2025 Passed For Assessment Year 2015-2016. 2. The Only Ground Argued By The Ld.Ar Of The Assessee With Regard To Confirmation Of Addition By The Ld. Cit(A) Which Was Made By The Ao U/S.68 Of The Act On Account Of Sale Proceeds Received By The Assessee On Sale Of Shares. 3. Facts In Brief Are That The Assessee Filed His Return Of Income For The Ay 2015-16 Declaring Total Income Of Rs 4,29,970. The Assessee In Pursuance To Notice U/S.143(2) & 142(1) Of The Act Along With Questionnaire Submitted Required Details & Documents As Sought By The Assessing Officer (Ao). During The Fy 2014-15 The Assessee Sold Quoted

For Appellant: Shri S. Jhajharia, FCAFor Respondent: Shri Sima Das Biswas, Sr. DR
Section 10(38)Section 143(2)Section 68

Sri Dilip Kumar Ghosh, Kolkata vs. DCIT, Central Circle 4(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 1361/KOL/2025[2021-2022]Status: DisposedITAT Kolkata21 Nov 2025AY 2021-2022

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1361/Kol/2025 ("नधा"रण वष" / Assessment Year : 2021-2022) Sri Dilip Kumar Ghosh, Vs Dcit, Central Circle-4(3), Kolkata C/O M/S Salarpuria Jajodia & Co 7, Cr.Avenue, 3Rd Floor, Kolkata West Bengal-700072 Pan No. :Adrpg 5357 Q (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Sujay Sen, Advocate राज"व क" ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Cit(A), Kolkata-27, Dated 05.03.2025 Passed For Assessment Year 2021-2022. 2. The Appeal Of The Assessee Is Delayed By 24 Days. Though The Assessee Has Not Filed Any Condonation Application Nor Any Affidavit, However, Looking To The Facts Of The Case & The Issue Involved Therein, I Am Of The View That The Delay In Filing The Appeal Deserves To Be Condoned, Which Has Also Not Been Objected By The Ld. Sr. Dr. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Hearing. 3. The Sole Issue Involved In The Appeal Of The Assessee Is With Regard To Addition Made By The Ao & Confirmed By The Ld. Cit(A) On Account Of Alleged Undisclosed Jewellery. 4. Facts In Brief Are That Are That The Assessee Had Filed Original Return Of Income U/S 139 Of The Income Tax Act, 1961 For The Relevant

For Appellant: Shri Sujay Sen, AdvocateFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 132Section 139Section 142Section 143(1)Section 143(2)Section 143(3)Section 69B

Sriyans Enterprises Limited, Kolkata vs. I.T.O., Ward - 5(1), Kolkata

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

ITA 1298/KOL/2025[2016-2017]Status: DisposedITAT Kolkata21 Nov 2025AY 2016-2017

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1298/Kol/2025 ("नधा"रण वष" / Assessment Year : 2016-2017) Sriyans Enterprises Limited, Vs Ito Ward-5(1), Kolkata 22, Brb Basu Road, 1St Floor, Room No.14, Kolkata-700001 Pan No. :Aaics 4667 E (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Anil Kumar Dugar, Ar राज"व क" ओर से /Revenue By : Shri Sima Das Biswas, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 16/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 13.11.2024 Passed For Assessment Year 2016-2017. 2. The Appeal Of The Assessee Is Filed Belated By 136 Days. In This Regard, The Assessee Has Filed Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay. The Contents Of The Application Are As Under :- Before The Hon'Ble Income Tax Appellate Tribunal, Kolkata Bench Ref: Appeal Petition Filed On: In The Matter Of : - An Application For Condonation Of The Delay In Filing The Memorandum Of Appeal Against The Appellate Order Dated 13-11- 2024 Pertaining To Assessment Year 2016-2017; & In The Matter Of The :- A Memorandum Of Appeal Filed Under The Income Tax Act, 1961; & In The Matter Of: -

For Appellant: Shri Anil Kumar Dugar, ARFor Respondent: Shri Sima Das Biswas, Sr. DR