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)

Mr.N. Venkatesh, Namakkal vs. ITO, Inttaxn Ward 2(1), Chennai

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

ITA 449/CHNY/2022[2017-2018]Status: DisposedITAT Chennai30 Nov 2022AY 2017-2018

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.449/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Shri N. Venkatesh, Vs. The Income Tax, 5/14, Singilipatty, L. Kanavaipatty, International Taxation Ward 2(1), Namakkal 637 002, Chennai. Tamil Nadu. [Pan:Adupv3691F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, Fca ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 15.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 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) 16, Chennai Dated 30.03.2022 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 On 31.05.2017 Admitting Total Income Of ₹.1,95,490/-. Subsequently, The Case Was Selected For Scrutiny Through Cass & Notice Under Section 143(2) Of The Income Tax Act

For Appellant: Shri T.S. Lakshmi Venkataraman, FCAFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 69A

R. Yuvaraj, Chennai vs. ITO, Non Corporate Ward-22(5), Chennai

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

ITA 114/CHNY/2022[2011-12]Status: DisposedITAT Chennai30 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 114/Chny/2022 िनधा"रण वष"/Assessment Year:2011-12 Shri R. Yuvaraj, Vs. The Income Tax Officer, New No. 1/227, Old No. 1/206, Non Corporate Ward 22(5), Bajanai Koil Street, Medavakkam, Chennai. Chennai 600 100. [Pan:Ahbpy9547N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R.S. Balaji, Advocate & Shri B. Sakthivel, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 28.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 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) 10, Chennai Dated 05.03.2020 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Delayed By 639 Days In Filing The Appeal Before The Tribunal. The Assessee Has Filed Condonation Petition In The Form Of An Affidavit Explaining The Delay Was Due To 2

For Appellant: Shri R.S. Balaji, Advocate &For Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 263

ITO, Corp Ward -6(4), Chennai vs. Sri Kumaran Wind Energy Pvt Ltd, Chennai

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

ITA 3373/CHNY/2018[2008-09]Status: DisposedITAT Chennai30 Nov 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3373/Chny/2018 िनधा"रण वष"/Assessment Year: 2008-09 The Income Tax Officer, Vs. M/S. Sri Kumaran Wind Corporate Ward– 6(4), Energy Pvt. Ltd., No. 3, Chennai – 600 034. Manali Express Road, Tkp Nagar, Chennai 600 019. [Pan: Aajcs6450L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Boopathi, Addl. Cit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 21.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai, Dated 28.09.2018 For The Assessment Year 2008-09. The Only Issue Involved In This Appeal Is Relating To Deletion Of Addition Made Of Interest Payment For ₹.1,46,74,910/- By Admitting Additional Evidence Is In Violation Of Rule 46A Of The Income Tax Rules, 1962. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of 2

For Appellant: Shri R. Boopathi, Addl. CITFor Respondent: Shri S. Sridhar, Advocate
Section 142(1)Section 144Section 147Section 148