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)

Midway Motors \Private Limited, Cuttack vs. Pr.CIT-1, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 148/CTK/2023[2017-18]Status: DisposedITAT Cuttack28 Jun 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.148/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Midway Motors Private Limited, Vs Pr.Cit, Bhubaneswar-1 Plot No.554, Nuapada Chaak, Madhupatna, Cuttack-753010 Pan No. :Aajcm 8153 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Sunil Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Pr.Cit(Osd) सुनवाई की तारीख / Date Of Hearing : 28/06/2023 घोषणा की तारीख/Date Of Pronouncement : 28/06/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Bhubaneswar-1, Dated 11.01.2022, Passed In Itba/Rev/F/Rev5/2021-22/1038622483(1), For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That There Is Delay Of 411 Days In Filing The Present Appeal, Which Was Due To Death Of The Accountant Of The Assessee, Who Was Looking After The Tax Matters Of The Assessee. The Affidavit Filed By The Assessee Has Not Been Found To Be False & The Reasons Given Are Found To Be Reasonable. Consequently, The Delay Of 411 Days In Filing The Appeal Is Condoned & Appeal Of The Assessee Is Disposed Off On Merits.

For Appellant: Shri Sunil Mishra, AdvocateFor Respondent: Shri M.K.Gautam, Pr.CIT(OSD)
Section 142(1)Section 143(3)Section 263

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 67/KOL/2023[2015-16]Status: DisposedITAT Kolkata27 Jun 2023AY 2015-16

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 66/KOL/2023[2014-15]Status: DisposedITAT Kolkata27 Jun 2023AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 64/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 63/KOL/2023[2011-12]Status: DisposedITAT Kolkata27 Jun 2023AY 2011-12

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 62/KOL/2023[2010-11]Status: DisposedITAT Kolkata27 Jun 2023AY 2010-11

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 61/KOL/2023[2009-10]Status: DisposedITAT Kolkata27 Jun 2023AY 2009-10

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C