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)

ITO Ward 15(3)(1), Mumbai, Aayakar Bhawan vs. Suhasit Star Trading Private Limited, Mumbai Maharashtra

ITA 4771/MUM/2023[2017]Status: DisposedITAT Mumbai09 Oct 2025

Bench: Shri Amit Shukla & Shri Prabhash Shankarsuhasit Star Trading Pvt. V/S. Income Tax Officer, Ward – Ltd. बनाम 15(3)(4), Room No. 15B, 01, Laura Building No. 13/21, Ground Floor, Aayakar 1St Dhobi Talao Lane, Mumbai– Bhavan, M.K. Road, 400002, Maharashtra Mumbai – 400020, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aapcs3728K Appellant/अपीलाथी .. Respondent/प्रतिवादी Income Tax Officer, Ward – V/S. Suhasit Star Trading Pvt. 15(3)(4), Room No. 456, 4Th बनाम Ltd. Floor, Aayakar Bhavan, Office No. 312, Sharda M.K. Road, Mumbai – Chambers No. 1, Keshavji N, 400020, Maharashtra Bhat Bazar, Masjid Bunder, Mumbai–400009, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aapcs3728K Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant By : Shri Neeraj Mangla,Ar (Virtually Appear) Respondent By : Ms. Kavita Kaushik, (Sr. Dr) Date Of Hearing 28.08.2025 Date Of Pronouncement 09.10.2025 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Above Captioned Appeal In Ita 4623/Mum/2023 Is Preferred By The Assessee & Ita 4771/Mum/2023 Is Cross Appeal

For Appellant: Shri Neeraj Mangla,AR (Virtually appear)For Respondent: Ms. Kavita Kaushik, (Sr. DR)
Section 143(1)Section 143(2)Section 143(3)Section 68

Kasiraj Rengappa, Tamilnadu vs. ITO, Ward Int. Tax 1(1)(1), Delhi

In the result, the appeal of the assessee is allowed

ITA 414/DEL/2022[2017-18]Status: DisposedITAT Delhi09 Oct 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri Manish Agarwal[Assessment Year : 2017-18] Kasiraj Rengappa Vs Ito, 6313, Clover Hill Drive, Ward-1(1)(1) San Jose Foreign, International Taxation, United States Of America Or Civic Centre, Minto Road, [Indian Address] - 3/226, New Delhi-110002. Navaneethkrishnapuram Sevlkulam, Tirunelveli, Tamil Nadu-627754. Pan-Brjpr2094A Appellant Respondent Appellant By Shri T.Vasudevan, Adv. (Through Vc) Respondent By Shri Vikram Singh Sharma, Sr.Dr Date Of Hearing 09.10.2025 Date Of Pronouncement 09.10.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 29.12.2021 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi-42 [“Ld. Cit(A)”] In Appeal No. Cit(A), Delhi-42/10502/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 26.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is Nri & Earned Income From Interest Only During The Year & Filed His Return Of Income On 17.03.2018, Declaring Total Income Of Inr 85,320/-. The Case Of The Assessee Was Selected For Scrutiny By Issue Of Notice U/S 143(2) Of The Acton 24.09.2018. Thereafter Notices Were Issued U/S 142(1) In Response To Which Assessee Filed Reply From Time To Time. The Ao Observed That Assessee Deposited Cash In Sbn During Demonetization Period From 09.11.2016 To 30.12.2016 Into His Bank Account With State Bank Of India, Nro Account No.33350651335 Of Inr 22,50,000/-. After Considering The Submission Filed, Ao Passed The Order On 26.12.2019 U/S 143(3) Of The Act Wherein Total Income Of The Assessee Was Assessed At Inr 23,35,320/-.

Section 142(1)Section 143(2)Section 143(3)Section 250Section 250(6)