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)

Rupalkumar Kantilal Shah, Mandvi vs. CIT(A), Delhi

In the result, the appeal of the assessee is dismissed

ITA 56/RJT/2024[AY 2017-18]Status: DisposedITAT Rajkot18 Jul 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 56/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Rupalkumar Kantilal Shah Vs. Cit(A), Delhi Harihant Kt Shah Road, Sheth Wali Delhi – 110001 Street, Na Vapora, Mandvi - 370465 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aoyps3626J (Appellant) (Respondent) Appellant By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Dheeraj Kumar Gupta, Ld. Sr. Dr Date Of Hearing : 15/07/2025 Date Of Pronouncement : 18/07/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2017-18, Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 06.12.2023, Which In Turn Arises Out Of An Assessment Order Passed By Income Tax Department / Assessing Officer Under Section (U/S.) 144 Of The Income Tax Act, 1961 (In Short “The Act”), Vide Order Dated 27.11.2019. 2. Grounds Of Appeal Raised By The Assessee Are As Followed: 1. The Learned Cit(A) Has Erred On Facts In Not Considering The Regularity & Consistency Of Business Even Though The Same Has Been Acknowledged In The Order 2. The Learned Cit(A) Has Erred On Facts In Not Considering The Evidence Furnished By Your Appellant During The Course Of The Proceedings. 3. The Learned Cit(A) Has Erred In Law In Invoking The Provision Of Section 69A To Determine & Tax Income In The Hands Of Your Appellant.

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Dheeraj Kumar Gupta, Ld. Sr. DR
Section 139(1)Section 142(1)Section 144Section 246A(1)(a)Section 69A

Sanjeev Kumar Azad, Danapur vs. Assessment Unit, Income Tax Department, Delhi

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

ITA 247/PAT/2025[2022-23]Status: DisposedITAT Patna18 Jul 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.247/Pat/2025 Assessment Year: 2022-23 Sanjeev Kr. Azad.………………….....…..…………………....Appellant Flat No.302, Radhe-Krishna Apartment, Goal Road, Danapur, Bihar-801503 [Pan: Aicpa9561G] Vs. Assessment Unit, Nfac, Delhi……….…............................…..…..... Respondent Appearances By: Shri Ravi Shankar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 17, 2025 Date Of Pronouncing The Order : July 18, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.03.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For A.Y. 2022-23 Declaring A Total Income Of Rs.2,50,000. The Return Was Processed Under Section 143(1) Of The Income-Tax Act, 1961. The Case Was Subsequently Selected For Scrutiny Under Cass Based On The Reason That Substantial Cash Deposits Had Been Made In The Assessee'S Current Account, Disproportionate To The Returned Income. Notices Under Sections 143(2) & 142(1) Were Issued. During The Assessment Proceedings, The Assessing Officer (Ao) Noted That The

Section 133(6)Section 143(1)Section 250