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)

Sanjaykumar Gangaram Patel, Ahmedabad vs. Income Tax Officer, Ward-2, Patan

In the result, appeal of the assessee is dismissed

ITA 633/AHD/2016[2006-07]Status: DisposedITAT Ahmedabad13 May 2022AY 2006-07

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year :2006-07 Sanjaykumar Gangaram Patel Ito, Ward-2 Chokshino Dhhar Vs Patan. Nr.Chabutra Unjha, Dist : Mehsana. Pan : Aqlpp 7700 M अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri S.V. Agrawal, Ar Revenue By : Shri S.S. Shukla, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 04/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 13 /05/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee Against The Order Dated 31.12.2015 Passed By The Commissioner Of Income-Tax (Appeals), Gandhinagar Relating To The Asst.Year 2006-07. 2. Brief Facts Of The Case Is That The Assessee Is An Individual & Stated To Be In Public Service. For The Asst.Year 2006-07, The Assessee Has Not Filed His Return Of Income. Annual Information Return Details Available With The Income-Tax Department Revealed That The Assessee Has Made Cash Deposits Of Rs.13,25,490/- In Bank Account With Hdfc Bank, Unjha. As The Assessee Has Not Filed Return Of Income, The Assessment Was Reopened Based On The Information Received In Air & After Verification, Notice Under 2

For Appellant: Shri S.V. Agrawal, ARFor Respondent: Shri S.S. Shukla, Sr.DR
Section 143(2)Section 147Section 148Section 234Section 271(1)(c)

Balex Pvt.Ltd., Baroda vs. The ACIT., Circle-1(1)(1), Baroda

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

ITA 28/AHD/2022[2005-06]Status: DisposedITAT Ahmedabad06 May 2022AY 2005-06

Bench: Shri Pramod M Jagtap & T.R. Senthil Kumarassessment Year : 2005-06 Balex Private Ltd. The Acit A-5, Nandavan Society, Vs Circle-1(1)(1), Sussen Textile Road, Vadodara-390007 Vadodara-391240 Pan : Aaacb7665B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimalsinh B Parmar, Ar Revenue By : Shri S. S. Shukla, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 04/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 06/05/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Is An Appeal Filed By The Assessee Against The Order Dated 02.12.2021 Passed By The Commissioner Of Income Tax (Appeals) (In Short “Cit(A)”) Of National Faceless Appeal Center, Delhi Relating To The Assessment Year 2005-06. 2. The Brief Facts Of The Case Is That The Assessee Is Engaged In The Business Of Manufacturing Of Aluminium Sections. For The A.Y. 2005-06 The Assessee Filed Its Return Of Income On 29.10.2005 Declaring A Loss Of Rs. 38,90,070/-. The Assessment Was Completed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) On 19.11.2007 By Determining The Total Assessed Income As Nil. The Assessee Was Also Made Addition On Account Of Unsecured Loan Of Rs. 93,95,000/- & 2

For Appellant: Shri Parimalsinh B Parmar, ARFor Respondent: Shri S. S. Shukla, Sr. DR
Section 142(1)Section 143(3)Section 68