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)

Bhaveshbhai Haribhai Kanani, Jamnagar vs. ITO WD-1(3) Jamnagar, Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 254/RJT/2025[2018-19]Status: DisposedITAT Rajkot05 Aug 2025AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.254/Rjt/2025 "नधा"रण वष"/Assessment Year : 2018-19 Bhaveshbhai Haribhai Income Tax Officer, बनाम/ Kanani, Ward-1(3), Jamnagar, Taranjali Vs Buildng, Income Tax Officer, Nr. Plot No.E211, Gidc Phase- 2 Dared, Jamnagar-361008 Amber Cinema, Pt. Nehru Marg, Hospital Rod, Jamanagar-361 008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acypk 5085 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 15/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 05/08/2025 आदेश/Order Per, Dr. Arjun Lal Saini, Am Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2018-19, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 18.11.2024, Which In Turn Arises Out Of A Penalty Levied U/S 271B Of The Act, Dated 23.11.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “The Ld. Cit(A) Erred In Law As Well On Fact In Upholding Penalty Of Rs.1,50,000 Imposed By Ld.Ao U/S 271B Of The Act.”

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 142(1)Section 143(2)Section 250Section 271BSection 274Section 44A

Manoj Kumar, Aurangabad vs. ITO Ward-3(3), Aurangabad, Gaya

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

ITA 75/PAT/2025[2021-22]Status: HeardITAT Patna05 Aug 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.75/Pat/2025 Assessment Year: 2021-22 Manoj Kumar……………………….....…..…………………....Appellant Chawal Bazar, Main Road, Daudnagar, Aurangabad, Bihar-824143. [Pan: Andpk2914K] Vs. Ito, Ward-3(3), Aurangabad……….…............................…..…..... Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : August 5, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre ["Cit(A)"] For The Assessment Year 2021-21. 2. At The Outset, It Is Noted That There Is A Delay Of 145 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. The Assessee Filed Its Return Of Income For The Assessment Year 2021–22 Declaring Total Income Of ₹ 5,54,350. The Return Was Selected For Scrutiny & Notices Under Section 143(2) & Section 142(1) Of The

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 69A

Smita Subhash Mehta, Ratnagiri vs. Income-Tax Officer, Ward 1, Ratnagiri

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

ITA 1108/PUN/2025[2018-2019]Status: DisposedITAT Pune05 Aug 2025AY 2018-2019

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1108/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Smita Subhash Mehta, Vs. Ito, Ward-1, Ratnagiri. Pitruchaya, Teen Batti Naka, Khed, Ratnagiri- 415709. Pan : Ankpm7084P Appellant Respondent Assessee By : Shri Anup Bipin Shaha Revenue By : Shri Akhilesh Srivastva Date Of Hearing : 28.07.2025 Date Of Pronouncement : 05.08.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming & The Ld. Ao Erred In Making The Addition Of Rs.1,50,79,576/- Under Section 69A Of The Act & The Same Is Based On Surmise & Guesswork. The Addition Be Deleted & The Appellant Be Given Just & Due Relief. 2. On The Facts & The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming & The Ld. Ao Erred In Making The Addition Of Rs.1,50,79,576/- Under Section 69A Of The Act Without Considering The Appellant'S Response That The Deposits In The Impugned Account Are Already Accounted For In Her

For Appellant: Shri Anup Bipin ShahaFor Respondent: Shri Akhilesh Srivastva
Section 142(1)Section 147Section 148Section 148ASection 69A

Ankit Metal & Power Ltd., Kolkata vs. ACIT, Cen. Cir. 3(2), Kolkata

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

ITA 796/KOL/2024[2015-16]Status: DisposedITAT Kolkata05 Aug 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.796/Kol/2024 Assessment Year: 2015-16 Ankit Metal & Power Ltd………..……..…………………....Appellant 35, Chittaranjan Avenue, Kol-12. [Pan: Aaeca5230B] Vs. Acit, Central Circle-3(2), Kolkata…..…..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : August 05, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 09.01.2024 Passed By The Cit(A)-21, Kolkata [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Was Subjected To Reassessment Proceedings Under Section 147 Of The Income-Tax Act, 1961 ("The Act") Pursuant To Information Gathered During Search & Seizure Operations Conducted Under Section 132 Of The Act In The Case Of One Sanjeev Kejriwal & His Group Entities. During The Course Of Such Proceedings, It Was Revealed That Mr. Kejriwal Was Engaged In Providing Accommodation Entries Through Various Concerns Including: M/S Rajputana General Commercial Corporation Pvt. Ltd., M/S Arvind Trading Company & M/S Shri Krishna Trading Company. In His Sworn Statement, Mr. Kejriwal Admitted That These Entities Were Non-

Section 132Section 143(3)Section 147Section 148Section 250Section 68