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)

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 60/VNS/2026[2022-23]Status: DisposedITAT Varanasi23 Jul 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agral, Giridih vs. Dy. C. I. T, Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 59/VNS/2026[2021-2022]Status: DisposedITAT Varanasi23 Jul 2026AY 2021-2022

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 58/VNS/2026[2020-2021]Status: DisposedITAT Varanasi23 Jul 2026AY 2020-2021

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Manish Rasiklal Bawaria, Rajkot vs. Assistant Commissioner of Income Tax, Circle - 1(2), Rajkot

In the result, all the appeals filed by the assessee are dismissed

ITA 224/RJT/2024[2014-15]Status: DisposedITAT Rajkot23 Jul 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 224/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2014-15 ] Manishkumar R Bawaria Income Tax Officer, Ward - 1(2)(2), C/O. Eagle Motors Private Limited, Rajkot Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No. 410/Rjt/2023 [ "नधा"रण वष"/Assessment Year: 2015-16 ] & आयकर अपील सं./Ita No. 219/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2016-17 ] Manishkumar R Bawaria Assistant Commissioner Of Income C/O. Eagle Motors Private Limited, Tax, Circle - 1(2), Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : None Respondent By : Shri Ravinder Sindhu, Ld. Cit(Dr) Date Of Hearing : 01/07/2026 Date Of Pronouncement : 23/07/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: These Three Appeals Have Been Filed By The Same Assessee. Ita No. 410/Rjt/2023 For Assessment Year 2015-16 Is Directed Against The Order Of The

For Appellant: NoneFor Respondent: Shri Ravinder Sindhu, Ld. CIT(DR)
Section 143(3)Section 144

Manishkumar R Bawaria, Rajkot vs. Income Tax Officer, Ward - 1(2)(2), Rajkot

In the result, all the appeals filed by the assessee are dismissed

ITA 219/RJT/2024[2016-17]Status: DisposedITAT Rajkot23 Jul 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 224/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2014-15 ] Manishkumar R Bawaria Income Tax Officer, Ward - 1(2)(2), C/O. Eagle Motors Private Limited, Rajkot Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No. 410/Rjt/2023 [ "नधा"रण वष"/Assessment Year: 2015-16 ] & आयकर अपील सं./Ita No. 219/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2016-17 ] Manishkumar R Bawaria Assistant Commissioner Of Income C/O. Eagle Motors Private Limited, Tax, Circle - 1(2), Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : None Respondent By : Shri Ravinder Sindhu, Ld. Cit(Dr) Date Of Hearing : 01/07/2026 Date Of Pronouncement : 23/07/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: These Three Appeals Have Been Filed By The Same Assessee. Ita No. 410/Rjt/2023 For Assessment Year 2015-16 Is Directed Against The Order Of The

For Appellant: NoneFor Respondent: Shri Ravinder Sindhu, Ld. CIT(DR)
Section 143(3)Section 144

Manishkumar R Bawariya, Rajkot vs. Income Tax Officer Ward -1(2)(5), Rajkot

In the result, all the appeals filed by the assessee are dismissed

ITA 410/RJT/2023[2015-16]Status: DisposedITAT Rajkot23 Jul 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 224/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2014-15 ] Manishkumar R Bawaria Income Tax Officer, Ward - 1(2)(2), C/O. Eagle Motors Private Limited, Rajkot Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No. 410/Rjt/2023 [ "नधा"रण वष"/Assessment Year: 2015-16 ] & आयकर अपील सं./Ita No. 219/Rjt/2024 [ "नधा"रण वष"/Assessment Year: 2016-17 ] Manishkumar R Bawaria Assistant Commissioner Of Income C/O. Eagle Motors Private Limited, Tax, Circle - 1(2), Vs. Eagle House, Near Moti Tanki Chowk, Aayakar Bhawan Race Course Ring Rajkot-360001, Gujarat Road, Rajkot-360001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb7342R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : None Respondent By : Shri Ravinder Sindhu, Ld. Cit(Dr) Date Of Hearing : 01/07/2026 Date Of Pronouncement : 23/07/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: These Three Appeals Have Been Filed By The Same Assessee. Ita No. 410/Rjt/2023 For Assessment Year 2015-16 Is Directed Against The Order Of The

For Appellant: NoneFor Respondent: Shri Ravinder Sindhu, Ld. CIT(DR)
Section 143(3)Section 144