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)

M/S. Ksa Powerinfra Pvt. Ltd., Chennai vs. ACIT, Corporate Circle - 4 (2), Chennai

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

ITA 550/CHNY/2020[2017-18]Status: DisposedITAT Chennai31 Mar 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.550/Chny/2020 िनधा"रण वष"/Assessment Year: 2017-18 Ksa Powerinfra Private Limited, Vs. The Assistant Commissioner Of No. 480, First Floor, Khivraj Income Tax Complex-1, Anna Salai, Nandanam, Corporate Circle 4(2), Chennai 600 035. Chennai. [Pan:Aaccg9905B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Miss. Amirtha, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 27.03.2023 घोषणा की तारीख /Date Of Pronouncement : 31.03.2023 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) 8, Chennai Dated 21.02.2020 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are The Assessee Company Filed Its Return Of Income For The Assessment Year 2017-18 On 31.01.2018 Admitting An Income Of ₹.5,95,78,320/-. The Case Was Selected For Scrutiny Under Cass & Notice Under Section 143(2) Of The Income Tax Act, 1961 [“Act”

For Appellant: Miss. Amirtha, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)

Riya Sunil Jain, Mumbai vs. ITO, Ward-6(2)(1), Mumbai

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

ITA 229/MUM/2023[207-18]Status: DisposedITAT Mumbai31 Mar 2023

Bench: Shri Amarjit Singhriya Sunil Jain Vs. The Income Tax Officer, 1114/1115, Clover Ward – 6(2)(1) Regency, Ramji Ashar Room No. 510, 5 Th Floor, Lane, Ghatkopar, Aaykar Bhavan, Mumbai – 400077 M.K. Road, Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Bcepj4734M Appellant .. Respondent Appellant By : Ms. Priyanshi Desai Respondent By : C.T. Mathews Date Of Hearing 23.03.2023 Date Of Pronouncement 31.03.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Solitary Ground Of Appeal Of The Assesse Is Directed Against The Nfac In Sustaining The Addition Of Rs.2,45,000/- Made U/S 69A Of The Act On Account Of Cash Deposit In The Bank Account By The Assesse As Unexplained Money. 2. The Fact In Brief Is That Return Of Income Declaring Total Income Of Rs.3,20,300/- Was Filed On 31.07.2017. The Case Was Subject To Scrutiny Assessment & Notice U/S 143(2) Of The Act Was Issued On 21.09.2018. During The Course Of Assessment The A.O Noticed From The Data Collected From The Bank That Assessee Has Deposited Cash Of Rs.2,45,000/- In Bank Account Maintained With Bank Of India Ghatkopar East Branch. During The Course Of Assessment The Assessee

For Appellant: Ms. Priyanshi DesaiFor Respondent: C.T. Mathews
Section 142(1)Section 143(2)Section 250(6)Section 69A