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)

Jayavel Manikandan, Salem vs. The Income Tax Officer Ward 1(2), Salem

In the result, the appeal filed by the assessee is partly allowed

ITA 3063/CHNY/2024[2011-12]Status: DisposedITAT Chennai05 Mar 2025AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3063/Chny/2024 िनधा"रण वष"/Assessment Year: 2011-12 Jayavel Manikandan, Vs. The Income Tax Officer, 475/127-C, Angammal Colony, Ward 1(2),Salem. Anna Street, Salem 636 009. [Pan:Auipm2974K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Srikrishna, C.A. (Virtual) ""थ" की ओर से/Respondent By : Dr. M.D. Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.03.2025 घोषणा की तारीख /Date Of Pronouncement : 05.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2011-12. 2. We Find That This Appeal Is Filed With A Delay Of 122 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing Both The Parties, We Find That The 2

For Appellant: Shri Srikrishna, C.A. (Virtual)For Respondent: Dr. M.D. Vijay Kumar, JCIT
Section 142(1)

Devi Chitra Eknath Kuba, Madurai vs. ITO, Ncw-2(1), Madurai

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

ITA 3027/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Mar 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.3027/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Devi Chitra Eknath Kuba, Vs. The Income Tax Officer, 1B, Patchariskara Thoppu, Cross Non Corporate Ward 2(1), Street, Kamarajar Street, Madurai. Madurai 625 009. [Pan:Alspk7617A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri R. Thulasi Ram, Advocate, : Shri Sathish Kumar, Advocate & Shri Kumar Subramanian, Advocate ""थ" की ओर से/Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 26.02.2025 घोषणा की तारीख /Date Of Pronouncement : 05.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 211 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Respondent: Shri A. Sasikumar, CiT
Section 133(6)Section 142(1)Section 69C

Rajendra Maganbhai Patel, Mumbai vs. The Asstt. Commissioner of Income Tax, Circle International Taxation, Vadodara

ITA 106/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad04 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.105/Ahd/2023 & 106/Ahd/2023 निर्धारण वर्ष / Assessment Years : 2013-14 & 2015-16 Respectively Rajendra Maganbhai Patel C-1/8, Bhadran Nagar S.V. Road, Malad West Mumbai - 400 064 Maharashtra स्थायी लेखा सं./Pan: Asipp 5675 N बनाम / V/S. The Asstt.Commissioner Of Income Tax, Circle International Taxation, Vadodara (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Tushar Hemani, Sr.Advocate & Revenue By : Shri Parimalsinh N. Parmar, Ar Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 04/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals By The Assessee Pertain To Assessment Years (Ays) 2013-14 & 2015-16 & Are Directed Against The Final Assessment Orders Passed By The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144C(13) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Pursuant To The Directions Of The Dispute Resolution Panel [Hereinafter Referred To As “Drp”]. The Core Issue In Both The Appeals Concerns The Addition Made By The Ao On Account Of Credits In The Assessee'S Non- Resident External (Nre) Bank Accounts.

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri Parimalsinh N. Parmar, AR
Section 143(2)Section 147Section 148