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)

Nepal Singh, Ghaziabad vs. ITO, Ward-2(2)(5), Ghazaibad

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 2714/DEL/2024[2017-18]Status: DisposedITAT Delhi12 Sept 2024AY 2017-18

Bench: Shri Vikas Awasthyआअसं.2714/िद"ी/2024(िन.व. 2017-18) Nepal Singh, 6Ra, Quarter No. 66, Ordnance Factory Estate, Muradnagar, Ghaziabad, U.P 201002 ...... अपीलाथ"/Appellant Pan: Ckgps-5165-Q बनाम Vs. Income Tax Officer, Ward-2(2)(5), Ghaziabad ..... "ितवादी/Respondent Uttar Pradesh 201001 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Ms. Shivani Bansal, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 12/09/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 12/09/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred As To 'The Cit(A)') Dated 08.04.2024, For Assessment Year 2017-18. 2. A Perusal Of The Assessment Order Shows That Notice U/S. 142(1) Of The Act Was Issued To The Assessee On 17.01.2018, 09.08.2019, 03.09.2019 & 18.09.2019. Except To The Notice Issued On 09.08.2019, The Assessee Has Not Responded To Any Of The Notices. In Response To Notice Dated 09.08.2019, The Assessee Had Furnished

For Appellant: NoneFor Respondent: Ms. Shivani Bansal, Sr. DR
Section 142(1)Section 144

Pawan Kumar, Sonepat vs. ITO Ward-3, Sonipat

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 2338/DEL/2023[2011-2012]Status: DisposedITAT Delhi12 Sept 2024AY 2011-2012

Bench: Shri Vikas Awasthyआअसं.2338/िद"ी/2023 (िन.व. 2011-12) Pawan Kumar, Vpo, Khubru The Ganaur, District Sonepat, Haryana 131101 ...... अपीलाथ"/Appellant Pan: Bdhpk-9705-M बनाम Vs. Income Tax Officer, Ward-3, Sonepat ..... "ितवादी/Respondent Haryana अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Ms. Shivani Bansal, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 12/09/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 12/09/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred As To 'The Cit(A)’) Dated 22.06.2023, For Ay 2011-12. 2. The Brief Facts Of The Case As Emanating From Records Are; The Assessee Filed His Return Of Income For Ay 2011-12 Declaring Income Of Rs. 1,15,600/- & Agricultural Income Of Rs. 4,95,700/-. The Assessment For Ay 2011-12 Was Reopened U/S. 148 Of The Income Tax Act, 1961 (Hereinafter Referred As To 'The Act’), On The Ground That The Assessee Has Made Cash Deposits Amounting To Rs. 21,90,000/- + Rs. 8,52,000/-In Savings Bank Account With Oriental Bank Of Commerce, Khubru

For Appellant: NoneFor Respondent: Ms. Shivani Bansal, Sr. DR
Section 142(1)Section 144Section 148

DCIT, Chennai vs. M/S Ruby Realty Pvt. Ltd, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1030/CHNY/2022[2008-2009]Status: DisposedITAT Chennai11 Sept 2024AY 2008-2009

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1030/Chny/2022 िनधा"रण वष"/Assessment Year: 2008-09 The Deputy Commissioner Of Vs. M/S. Ruby Realty Private Limited, Income Tax, Office B 908, Radiance Shine Central Circle 3(4), Apartments, Kazhipattur Omr, Chennai 600 034. Chennai 603 103. [Pan:Aadcr2832B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V. Nandakumar, Cit ""थ" की ओर से/Respondent By : Shri P. Murali Mohana Rao, C.A. सुनवाई की तारीख/ Date Of Hearing : 29.08.2024 घोषणा की तारीख /Date Of Pronouncement : 11.09.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 22.09.2022 Passed By The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai For The Assessment Year 2008-09. 2. The Appellant-Revenue Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is As To Whether The Ld. Cit(A) Justified In Restricting The Addition To An Extent Of ₹.82.35 Lakhs In Respect Of Proportionate Share Of Land In The Facts & Circumstances Of The Case.

For Appellant: Shri V. Nandakumar, CITFor Respondent: Shri P. Murali Mohana Rao, C.A
Section 132Section 142(1)Section 143(2)Section 153C