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)

Sumita Singhal, New Delhi vs. ITO, Ward-17(4), New Delhi

In the result, the appeal of the assessee is allowed

ITA 3836/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Sept 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsumita Singhal Income Tax Officer, 149, Tarun Enclave, Ward-17(4), Pitampura, New Delhi-110034. Vs. New Delhi. Pan:Acops9544H (Appellant) (Respondent) Assessee By Shri R.R. Singla, Ca Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 10.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)-6, Delhi [ ‘Cit(A)’ In Short] In Appeal No. Cit(A)-Delhi-6/10307/2017-18 Dated 14.03.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year 2017-18 Arising Out Of The Order Passed U/S 143(3) Of The Act Dated 27.12.2017. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Filed Her Return Of Income On 30.01.2016 Declaring Total Income Of Rs.5,05,360/- With Ito Ward-40(1), Delhi. Notice U/S 143(2) Was Issued On 29.07.2016 By The Same Assessing Officer. Thereafter, Another Notice Issued U/S 143(2) Was Issued On 08.09.2016 By The Ito, Ward-71(2), New Delhi. On 04.09.2017 The Notice U/S 143(2) Was Issued By Ito, Ward No.17(4), New Delhi. The Assessment Was Completed U/S 143(3) By The Ito, Ward-17(4), Wherein The Total Income Of The Assessee Was Assessed At Rs.49,65,760/- After Making Additions Of Rs.42,48,000/- By Holding The Long Term Capital Gain As Bogus & Further Addition Of Rs.2,12,400/- Was Made As Unexplained Expenditure

Section 115BSection 143(2)Section 143(3)Section 250Section 68

JCIT (in Situ) CC 2(2), Kolkata vs. Sunrise Timply Co (P) Ltd, Kolkata

In the result, appeal of the revenue is dismissed

ITSSA 47/KOL/2025[2010-11]Status: DisposedITAT Kolkata09 Sept 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyit(Ss)A No.47/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2010-2011) Jcit(In Situ) Cc-2(2), Kolkata Vs Sunrise Timply Co (P) Ltd., H-B, Goenka Niketan, 67/17,Strand Road, Jatindra Mohan Avenue Kolkata-700006 Kolkata-700006 Pan No. :Aagcs 0414 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri P.K.Himatsingka, Ar रधजस्व की ओर से /Revenue By : Shri Sanat Kumar Raha, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 25/08/2025 घोषणा की तारीख/Date Of Pronouncement : 09/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Revenue Has Filed The Instant Appeal Against The Order Dated 16.12.2024, Passed By The Ld. Cit(Appeals) Kolkata-26 For The Assessment Year 2010-2011. 2. The Appeal Of The Revenue Is Barred By 40 Days. Looking To The Facts Of The Case & Considering The Submissions Of The Ld.Cit-Dr, We Condone The Delay Of 40 Days In The Present Appeal Of The Revenue & Appeal Is Admitted For Hearing. 3. Brief Facts Of The Case Are That The Assessee Company Had Carried On During The Year Business Of Trading Of Timber & Plywood. The Assessee Company Filed E-Return For The A.Y.2010-11 On 25.09.2010 Declaring Total Income Of Rs.2285691 Tax Payable On The Total Income Was Rs.722151/- Including Interest Payable Rs 15873. After Claiming Credit For Total Prepaid Taxes Of Rs.814287 (Advance Tax Rs.500000 Plus Tds 314287) Rs 92136

For Respondent: Shri Sanat Kumar Raha, CIT-DR
Section 132Section 142(1)Section 143(2)Section 14ASection 153ASection 68Section 69C

Naraseepuram Paccs, Coimbatore vs. Non Corp Ward 4(1), Cbe, Coimbatore

In the result, both the appeals filed by the assessee are allowed

ITA 1697/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Sept 2025AY 2020-21

Bench: Shri George George Kआयकर अपील सं./Ita Nos.: 1696 & 1697/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2020-21 M/S. Naraseepuram Paccs, The Income Tax Officer, Poondi Road, Narasipuram B.O, Vs. Non-Corporate Ward 4(1), Narasipuram, Coimbatore Coimbatore – 641 109. Pan: Aaaan 9388H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sudhakar, Advocate ""यथ" क" ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई क" तारीख/Date Of Hearing : 09.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 09.09.2025 आदेश/ O R D E R These Appeals Filed By The Assessee Are Directed Against Two Orders Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 26.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2017-18 & 2020-21. 2. The Solitary Issue Raised Is Whether The First Appellate Authority (Faa) Is Justified In Confirming The Ao’S Action In Denying The Claim Of Deduction U/S.80P Of The Act.

For Appellant: Shri Sudhakar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 143(3)Section 250Section 80PSection 80P(2)(d)

Naraseepuram Paccs, Coimbatore vs. Non Corp Ward 4(1), Cbe, Coimbatore

In the result, both the appeals filed by the assessee are allowed

ITA 1696/CHNY/2025[2017-18]Status: DisposedITAT Chennai09 Sept 2025AY 2017-18

Bench: Shri George George Kआयकर अपील सं./Ita Nos.: 1696 & 1697/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2020-21 M/S. Naraseepuram Paccs, The Income Tax Officer, Poondi Road, Narasipuram B.O, Vs. Non-Corporate Ward 4(1), Narasipuram, Coimbatore Coimbatore – 641 109. Pan: Aaaan 9388H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sudhakar, Advocate ""यथ" क" ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई क" तारीख/Date Of Hearing : 09.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 09.09.2025 आदेश/ O R D E R These Appeals Filed By The Assessee Are Directed Against Two Orders Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 26.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2017-18 & 2020-21. 2. The Solitary Issue Raised Is Whether The First Appellate Authority (Faa) Is Justified In Confirming The Ao’S Action In Denying The Claim Of Deduction U/S.80P Of The Act.

For Appellant: Shri Sudhakar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 143(3)Section 250Section 80PSection 80P(2)(d)