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)

Shrinivas Vijaykumar Chidrewar, Pune vs. ITO Ward 3(3), Pune

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

ITA 1469/PUN/2024[2013-14]Status: DisposedITAT Pune27 Nov 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1469/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Shrinivas Vijaykumar Vs. Ito, Ward-3(3), Pune. Chidrewar, A-38, S.No.55, H.No.1, Sadbhav Co-Op. Housing Society, Kothrud, Pune- 411029. Pan : Ahspc3607Q Appellant Respondent Assessee By : None Revenue By Shri Arvind Desai : Date Of Hearing : 09.10.2024 Date Of Pronouncement : 27.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual Carrying On The Business Of Real-Estate Consultant & 2 Allied Activities & Furnished His Return Of Income Declaring Taxable Income Of Rs.5,13,056/-. Subsequently, A Notice U/S 148 Of The It Act Was Issued On The Basis Of Information Received From Acit, Circle-4(4), Mumbai That The Assessee Had Made Huge Cash Deposits In His Bank Accounts Maintained With M/S. Renuka Mata Multi State Urban Co-Operative Credit Society Ltd. However, No Return Of Income Was Filed In Response To Notice U/S 148 Within 30 Days From The Date Of Service Of Notice. Thereafter, A Notice U/S 142(1) Was Issued & Assessee Furnished His Reply Along With Copy Of Bank Account, Copy Of Original Itr & Copy Of Registered Sale Deed. Thereafter Further Notices Issued By The Assessing Officer Requesting For Further Clarification On Account Of Cash Of Rs.54,24,870/- In Bank Account, But The Assessee Did Not Reply. The Assessing Officer Completed The Assessment U/S 144 R.W.S. 147 On A Total Income Of Rs.59,37,926/- As Against The Income Declared By The Assessee In Its Return Of Income At Rs.5,13,056/-. Above Assessed Income Includes Unexplained Cash Deposits Of Rs.54,24,870/-.

For Appellant: None
Section 142(1)Section 144Section 148

Manab Chandra Ghosh, Kolkata vs. ACIT, Cir. 1(2), It, Kolkata

The appeal of the assessee is allowed

ITA 40/KOL/2024[2016-17]Status: DisposedITAT Kolkata27 Nov 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.40/Kol/2024 Assessment Year: 2016-17 Manab Chandra Ghosh………………..……………………………….…..……Appellant 5A, Banerjee Para, Behala, Kol-700060. [Pan: Ahspg9975H] Vs. Acit, Circle-1(2), It-Kolkata..........…..….…..….........……........……...…..…..Respondent Appearances By: Shri Nageswar Rao, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 19, 2024 Date Of Pronouncing The Order : November 27, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 21.11.2022 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Year 2016-17. 2. The Brief Facts Of The Case Are That The Assessee Is An Employee Of Ibm India Pvt. Ltd. (An Indian Company With Registered Office In Bangalore) & Was Undergone A Short-Term Assignment To Indonesia During The Relevant Assessment Year. During The Financial Year 2015-16, The Stayed 61 Days In India As Evident By The Passport Details Submitted Before The Assessing Officer. Consequently, The Assessee Claimed To Be A Non-Resident For The Assessment Year 2016-17 As Per The Provisions Of The Income Tax Act. During The Assessment Year In Question, The Assessee Received Salary Amounting To Rs.29,57,760/- In India, On Which Rs.7,06,207/- Was Deducted As Tax At Source As Per Form No.16 Filed By The Assessee. During The Relevant Assessment Year, The Assessee Also

Section 143(2)Section 250Section 5(2)Section 5(2)(b)