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)

Vijay Kumar Sahu, Allahabad vs. Income Tax Officer Ward 1(5), Allahabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 13/ALLD/2023[F.Y.2017-18]Status: DisposedITAT Allahabad11 Sept 2023

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.13/Alld/2023 (ननधधारण वर्ा / Assessment Year: 2017-18) बनधम/ Vijay Kumar Sahu Ito, Ward-1(5) Mau Aima, Allahabad, Uttar Allahabad-211001. Vs. Pradesh-211002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ciops1718P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Utkarsh Gupta Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 06/09/2023 घोषणा की तारीख /Date Of Pronouncement: 11/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 19.12.2022 For Ay. 2017-18. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ao Passing An Ex-Parte Order U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Giving Proper Opportunity To The Assessee To Answer/Explain To Issue Raised Before Him Which Led To The Addition Of Rs.9,71,390/- (Rs.7,91,600/- Us/ 69 Of The Act & Net Profit Of Rs.1,79,792/-).

For Appellant: Shri Utkarsh GuptaFor Respondent: Shri A. K. Singh (Sr. DR)
Section 139(1)Section 142(1)Section 144Section 69

Manju Singh, Fatehpur vs. ITO, Ward- 2 (4), Fatehpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 27/ALLD/2023[2017-18]Status: DisposedITAT Allahabad08 Sept 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.27/Alld/2023 (ननधधारण वर्ा / Assessment Year: 2017-18) बनधम/ Manju Singh Ito-2(4) Chandelan Ka Purwa Income Tax Office, Vs. Jamrawa, Fatehpur-212654. Fatehpur-212601. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Diwps4493G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mayank Arora Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 05/09/2023 घोषणा की तारीख /Date Of Pronouncement: 08/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 27.01.2023 For Ay. 2017-18. 2. The Main Grievance Of The Assessee An Individual (Partner Of A Firm) Is That The Ao Misdirected Himself While Passing The Assessment Order By Mistakenly Taking Note Of The Bank Accounts Of The Firm (M/S. Samar Brick Field) As That Of Assessee & Thereby Erroneously Made Addition Of Rs.4,04,374/-. 3. Brief Facts Is That Assessee Is An Individual & A Partner In A Partnership Firm M/S. Samar Brick Field (Pan: Acbfs1057I) & Her Source Of Income Is From The Firm I.E. Interest On Capital Remuneration & Share Of Profit From The Firm (M/S. Samar Brick Field) & Since Her Income In This Relevant Year Was Less Than The Threshold Limit Prescribed By The Finance Act, She Did Not File Her Return Of Income.

For Appellant: Shri Mayank AroraFor Respondent: Shri A. K. Singh (Sr. DR)
Section 139(1)Section 142(1)Section 144