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)

Ramakrishna Housingg, Vijayawada vs. Income Tax Officer, Ward-2(1), Vijayawada

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

ITA 515/VIZ/2024[2022-23]Status: DisposedITAT Visakhapatnam13 Mar 2025AY 2022-23

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.515/Viz/2024 (निर्धारण वर्ा/Assessment Year: 2022-23) Ramakrishna Housingg Vs. Income Tax Officer Vijayawada Ward-2(1) [Pan : Aasfr5923P] Vijayawada (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B.Srinivasa Rao & Ors. रधजस् व द्वधरध/Revenue By:: Dr.Satyasai Rath, Cit(Dr) सुिवधई की तधरीख/Date Of Hearing: 11/03/2025 घोर्णध की तधरीख/Date Of 13/03/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.11.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2022-23. 2. The Brief Facts Of The Case Are That The Assessee Is A Partnership Firm, Engaged In The Business Of Real Estate Development, Filed Its Return Of Income For The A.Y.2022-23 On 31.12.2022, Declaring Loss Of Rs.1,28,297/-. The Case Was Selected For Scrutiny & During The Course Of Assessment Proceedings, The 2 Ramakrishna Housingg Assessing Officer (“The Ao”) Issued Notice U/S 142(1) & 143(2) Of The Income Tax Act, 1961 (In Short “Act”) On Various Dates & Called Upon The Assessee To File Relevant Evidences, In Support Of Return Of Income Filed For The Year Under Consideration. The Assessee Neither Appeared, Nor Filed Any Evidences, Therefore, The Ao Issued Show Cause Notice & Called Upon The Assessee To Explain, As To Why The Assessment Proceedings Shall Not Be Completed In Terms Of Section 144 Of The Act. Once Again, The Assessee Did Not Furnish Any Details As Called For By The Ao. Therefore, The Ao Passed Ex-Parte Best Judgment Assessment Order U/S 144 Of The Act On 05.03.2024 & Determined Total Income At Rs.61,64,11,609/- By Making Various Additions To The Returned Loss.

For Appellant: Shri B.Srinivasa Rao & OrsFor Respondent: : Dr.Satyasai Rath, CIT(DR)
Section 142(1)Section 144

Shri Abhishek Lodha, Mumbai vs. ACIT Central Circle 1(3), Mumbai

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

ITA 6056/MUM/2024[2015-16]Status: DisposedITAT Mumbai13 Mar 2025AY 2015-16

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Shri. Abhishek Lodha Acit, Central Circle 1(3) C/O. Ketan H. Shah, Advocate, 512, Ayakar Bhavan, Mumbai – 400020. Times Square – 1, Opp. Ram Baug Vs. Bungalow, Thaltej Shilaj Road, Thaltej, Ahmedabad, Gujrat – 380059. Pan/Gir No. Aeqpl0917R (Assessee) : (Respondent) Assessee By : Shri. Aman Shah/Shri. Ketan Shah : Shri. Ram Krishn Kedia, (Sr. Dr) Respondent By Date Of Hearing : 11.03.2025 Date Of Pronouncement : 13.03.2025 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) 47, Mumbai (‘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) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. In Issuing Notice U/S 148 Dated 05-09-2018 For The Ay 2015-16, It Is Said That, The Whole Proceeding Is Itself Bad In Law & Void & Further, There Is No Such Approval U/S 151 Of The Act & Therefore, The Proceeding Is Bad. 2. In Making Addition Of Rs. 7,63,706/- In Reference To The Commission Income, It Is Said That In View Of The Facts Of The Case, There Is No Evidence Regarding Earning Of Any Commission & Therefore, The Addition Is Required To Be Deleted. Shri. Abhishek Lodha

For Appellant: Shri. Aman Shah/Shri. Ketan Shah
Section 132Section 143(1)Section 143(2)Section 143(3)Section 148Section 151Section 153CSection 250