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)

Lalit Kumar Srivastava, Lucknow vs. Income Tax Officer 6(2), Lucknow

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

ITA 640/LKW/2026[2020-21]Status: DisposedITAT Lucknow31 Aug 2026AY 2020-21

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2020-21 Shri Lalit Kumar Srivastava, Vs. Ito/Assessment Unit, Income House No. 7/2, C-Block, Rajajipuram, Tax Department, Lucknow Talkatora, Lucknow-226017 Pan: Arxps1950P (Appellant) (Respondent) Assessee By: Sh. Sanjay Sharma, Adv Revenue By: Smt. Pratibha Singh, Addl Cit Dr Date Of Hearing: 29.07.2026 Date Of Pronouncement: 25.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 31.03.2026, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer, That Was Passed Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 For The Assessment Year 2020-21 On 28.01.2025. The Grounds Of Appeal Are As Under: “Ground No. 1-Non-Condonation Of Delay Of 254 Days: Error In Law & On Facts That The Learned Citia)/Nfac Erred In Law & On Facts In Dismissing The Appeal In Limine On The Ground Of Delay Of 254 Days Without Properly Appreciating: (A) The Bona Fide Health Issues Of The Appellant In The Period Immediately Following The Assessment Order, As Narrated In The Statement Of Facts [Annexure-5); (B) His Lack Of Technological Proficiency In Navigating Faceless Proceedings; (C) Non-Updation Of Email/Mobile On The Income Tax Portal Resulting In Non-Receipt Of Intimations; & (D) Bona Fide Reliance On A Tax Consultant Who Failed To Promptly Inform Him Of The Adverse Order All Of Which Individually & Cumulatively Constitute 'Sufficient Cause' Within The Meaning Of Section 253(5) Of The Act.

For Appellant: Sh. Sanjay Sharma, AdvFor Respondent: Smt. Pratibha Singh, Addl CIT DR
Section 115Section 115BSection 147Section 148ASection 253(5)Section 69

DCIT, Sitapur vs. The District Cooperative Bank Lakhimpur Kheri Ltd, Lakhimpur

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

ITA 513/LKW/2025[2015-16]Status: DisposedITAT Lucknow31 Aug 2026AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Dcit, Sitapur V The District Cooperative Bank S. Lakhimpur Kheri Ltd., Eye Hospital Road, Sitapur, Sitapur Pan: Aacct0027B (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Puneet Kumar, Cit Dr Date Of Hearing: 13.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Dated 27.06.2025, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 144 For The Assessment Year 2015-16 Dated 29.03.2023. The Grounds Of Appeal Are As Under:- “1. Ld. Cit(A) Has Erred In Law & On Facts Of The Case By Deleting The Addition Without Verification & Adjudication Of The Facts 2. Ld. Cit(A) Has Erred In Law & On Facts Without Examining The Transaction Even After Having Co-Terminus Power With The Ao By Simply Saying That Matter Is Subject To Verification & Adjudication Which Makes The Order Perverse. 3. Ld. Cit(A) Has Erred In Law & On Facts Of The Case By Deleting The Addition Of Rs. 17,59,82,190/-Made By Ao.” 2. The Facts Of The Case Are, That As Per The Information Received By The Ld. Assessing Officer, Despite The Fact That The Assessee Had Not Filed A Return

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Puneet Kumar, CIT DR
Section 142(1)Section 144Section 147Section 148