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)

Gautam Sadana, Lucknow vs. Income Tax Officer, Range-4(5), Lucknow

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

ITA 497/LKW/2026[2014-15]Status: DisposedITAT Lucknow16 Sept 2026AY 2014-15

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2014-15 Gautam Sadana V. Income Tax Officer B-40, B Block Range 4 (5) Rajaji Puram Lucknow Lucknow (U.P) Tan/Pan:Cqtps2915P (Appellant) (Respondent) Appellant By: Shri Dileep Pandey, Advocate Respondent By: Shri Pratibha Singh, D.R. Date Of Hearing: 08 07 2026 Date Of Pronouncement: 16 09 2026 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 22.01.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2014-15. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That, During The Year Under Consideration, The Assessee Had Made Cash Deposits Totaling To Rs.22,92,300/- In His Saving Bank Account No.2424000100707102 Maintained With Punjab National Bank. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act’) After Issuing Notice Under Section 148 Of The Act To The Assessee. The Assessee Filed His Return Of Income On 04.11.2019 Declaring

For Appellant: Shri Dileep Pandey, AdvocateFor Respondent: Shri Pratibha Singh, D.R
Section 142(1)Section 144Section 147Section 148Section 44ASection 69Section 69A

Pension and Gratuity Fund Trust, Dharmashala vs. Commissioner of Income Tax (Appeals), Delhi

In the result, all the three appeals are allowed for statistical purposes

ITA 935/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh11 Sept 2026AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Vijay Varma, Am आयकरअपीलसं./ Ita No.933, 934 & 935/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2012-13, 2013-14 & 2017-18) Pension & Gratuity Fund Trust Asstt. Commissioner Of H.P. Board Of School Education Income Tax (Exemption) बनाम/ Vs. Dharamshala, District Kangra, Himachal C R Building, Himalaya Marg, Pradesh-176200 Sector 17-E, Chandigarh, 1600017 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aabtp-9539-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal, Pr. Cit, – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 01-09-2026 घोषणाकीतारीख /Date Of Pronouncement : 11-09-2026 आदेश / O R D E R Per: Bench 1. Aforesaid Appeals By Assessee For Assessment Year (Ay) 2012-13, 2013-14 & 2017-18 Arises Out From The Separate Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 06.06.2024 In The Matter Of An Assessments Framed By Ld. Assessing Officer [Ao] U/S 143(3)/144 Of The Income Tax Act, 1961. 2. We Took Up The Ita No. 935/Chd/2025 As Lead Case. The Appellant Raises The Following Grounds Of Appeal:-

For Appellant: NoneFor Respondent: Smt. Kusum Bansal, Pr. CIT, – Ld. Sr. DR
Section 11Section 11(1)(a)Section 12ASection 143(3)