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)

Venkatesan Selvam, Chennai vs. Income Tax Officer, Chennai

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

ITA 472/CHNY/2023[2017-2018]Status: DisposedITAT Chennai07 Jun 2023AY 2017-2018

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.472/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Venkatesan Selvam, Vs. The Income Tax Officer, No. 50/2, M.C. Road, Non Corporate Ward 6(2), Old Washermenpet, Chennai 600 034. Chennai 600 021. [Pan:Awhps3575K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 05.06.2023 घोषणा की तारीख /Date Of Pronouncement : 07.06.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Dated 10.02.2023 For The Assessment Year 2017-18. 2. The Appeal Filed By The Assessee Is Delayed By One Day In Filing The Appeal & Filed A Petition For Condonation Of Delay In The Form Of An Affidavit To Which; The Ld. Dr Has Not Raised Any Serious Objection. Consequently, Since The Assessee Was Prevented By Sufficient Cause, The 2

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 139(1)Section 142(1)Section 144Section 69

Shri Biswajit Dasbagal, Kolkata vs. ITO, Kolkata

In the result, appeal of the assessee is allowed

ITA 366/KOL/2023[2014-15]Status: DisposedITAT Kolkata05 Jun 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Blei.T.A. No. 366/Kol/2023 Assessment Year: 2014-15 Shri Biswajit Dasbagal Income Tax Officer, Ward-26(2), 60/31, Mahndra Banerjee Road Vs Kolkata Kolkata - 700060 [Pan : Amrpb2238E] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Abhishek Bansal, Fca Revenue By : Shri Abhijit Datta, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is An Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 11/07/2022 For The Assessment Year 2014-15. 2. The Registry Has Pointed Out That There Is A Delay Of 220 Days In Filing Of This Appeal 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 The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Sole Grievance Of The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Disallowance/Additions Of Expenditure & Sundry Debtors Made By The Assessing Officer At Rs. 12,94,939/-. The Ld.

For Appellant: Shri Abhishek Bansal, FCAFor Respondent: Shri Abhijit Datta, Sr. D/R
Section 143(2)Section 250Section 44A

M/S Krishilakshmi Rice Mill Pvt. Ltd., Burdwan vs. I.T.O., Ward-1(2), Burdwan

In the result, the appeal filed by the assessee is allowed

ITA 605/KOL/2019[2012-13]Status: DisposedITAT Kolkata31 May 2023AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 605/Kol/2019 Assessment Year: 2012-13 M/S. Krishilakshmi Rice Mill Pvt. Ltd. Income Tax Officer, Ward - Vill.- Hatgobindapur Vs 1(2), Kolkata Dist.- Burdwan Pincode - 713407 [Pan : Aaeck1877C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Smt. Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 16/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 31/05/2023 आदेश/O R D E R Per Sonjoy Sarma: This Is The Appeal Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Burdwan (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 25/01/2019 For The Assessment Year 2012-13, On The Following Grounds Of Appeal:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. C.I.T.(A) On 25.01.2019 Is Completely Arbitrary, Unjustified & Illegal. 2. For That On The Facts Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Addition Of Rs.207,00,000/- Made By The Assessing Officer On Account Of Share Application Money With Share Premium By Wrongly Treating The Same As Unexplained Cash Credit U/S 68 Which Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. Cit(A) Ought To Have Considered That The Assessee Company Had Discharged Its Onus By Furnishing All The Relevant Documents In Connection With The Share Capital Raised & Also Proved The Identity, Creditworthiness Of The Share Application And

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Smt. Ranu Biswas, Addl. CIT, D/R
Section 131Section 133(6)Section 143(2)Section 234BSection 250Section 68

M/S Cigfillimited, Chennai vs. ADIT, NFAC, Delhi

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

ITA 132/CHNY/2023[2018-19]Status: DisposedITAT Chennai31 May 2023AY 2018-19

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.132/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Cigfil Limited, Vs. The Additional/Joint/Deputy/Assistant 37, Armenian Street, Parrys, Commissioner Of Income Tax/ Chennai 600 001. Income Tax Officer, National Faceless Assessment Centre, Delhi. [Pan:Aaacc3120C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, Fca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.04.2023 घोषणा की तारीख /Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 19.12.2022 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018-19 On 21.10.2018 Declaring Total Income Of ₹. Nil (Current Year Loss ₹.21,39,354/-) & The Same Was 2

For Appellant: Shri B. Ramakrishnan, FCAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68