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)

Jaro Institute of Technology Management and Research Ltd, Mumbai vs. Dy. Commissioner of Income Tax, Circle-4(3)(1), Mumbai

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

ITA 5062/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Sept 2025AY 2022-23

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Jaro Institute Of Technology Dy. Commissioner Of Income Tax, Management & Research Ltd. Circle-4(3)(1), Mumbai 11Th Floor, Vikas Centre, Dr. C. G. Vs. Road, Chembur, Fci, S.O. Mumbai – 400074. Pan/Gir No. Aaccj2107Q (Appellant) : (Respondent) Assessee By : Shri Jay Thakkar Respondent By : Ms. Kavitha Kaushik, Sr Dr Date Of Hearing : 29.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Erred In Not Condoning The Delay In Filing The 1" Appeal Of 118 Days & Ought To Have Considered The Bonafide Reasons & Compelling Circumstances, Supported With Affidavit, That Had Precluded The Appellant To File The 1" Appeal In Time, 2.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Ought To Have Deleted The Disallowance Of Sales & Promotion Expenses Of Rs.2,73,78,889, Jaro Institution Of Technology Management & Research Ltd.

For Appellant: Shri Jay ThakkarFor Respondent: Ms. Kavitha Kaushik, SR DR
Section 139(4)Section 143(2)Section 143(3)Section 2Section 250Section 37(1)Section 40

Babu Singh, Gautam Buddha Nagar vs. Assessment Unit, Delhi

In the result, the appeal of the assessee is allowed

ITA 3440/DEL/2025[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Shri Sudhir Kumar & Shri Manish Agarwalbabu Singh, Assessment Unit, 138, Village-Mirzapur, Knp-W-(100) (6), P.O.-Dankaur, Vs. Income Tax Department Distt. Gautam Buddha Nagar, Uttar Pradesh 203201. Pan-Eakps8485M (Appellant) (Respondent) Assessee By Shri Udham Singh, Adv. Department By Shri Shyam Manohar Singh, Sr. Dr Date Of Hearing 25/09/2025 Date Of Pronouncement 30/09/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Cit(A), In Short] Dated 10.03.2025 In Appeal No. Nfac/2014-15/10297028 Arising Out Of Order Passed U/S 271(1)(B) Of The Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 20.09.2023 For Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessment Of The Assessee Was Completed Vide Order Dated 21.03.2023 Passed U/S 147/144 R.W.S 144B Of The Act Wherein The Penalty Proceedings U/S 271(1)(B) Were Initiated For Non-Compliance Of The Statutory Notices. Thereafter, The Ao Proceeded With Pending Penalty Proceedings U/S Babu Singh Vs. Assessment Unit 271(1)(B) & In Terms Of Order Dated 20.09.2023 Levied Penalty Of Rs.20,000/- For Non-Compliance Of The Statutory Notices Issued U/S 142(1) Of The Act On 17.01.2023 & 01.02.2023. 3. Against Such Order, An Appeal Was Preferred By The Assessee Before The Ld. Cit(A) Who Vide Impugned Order Dated 10.03.2023 Has Dismissed The Appeal Of The Assessee Therefore, The Assessee Is In Appeal Before The Tribunal.

Section 142(1)Section 147Section 250Section 271(1)(b)