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)

Trac Media Pvt. Ltd., Chennai vs. ACIT, CC-20(1), Chennai

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

ITA 3149/CHNY/2019[2016-17]Status: DisposedITAT Chennai10 Feb 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.3149/Chny/2019 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Trac Media Pvt. Ltd., The Assistant Commissioner Of No. 35, 3Rd Main Road, Kalaimagal Income Tax, Nagar, Ekkattuthangal, Corporate Circle 20(1), Vs. Chennai 600 032. Chennai 600 034. [Pan:Aadct4184G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 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) 9, New Delhi Dated 09.08.2019 Relevant To The Assessment Year 2016-17. The Assessee Has Raised Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts Of The Case & Material On Record. 2. The Commissioner Of Income Tax (Appeals) & The Assessing Officer Failed To Afford Sufficient Opportunity Of Being Heard To The Appellant Before Passing Exparte Order.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 131Section 142(1)Section 143(2)Section 144Section 68

Balasaheb Kashinath Kamble, Pune vs. Deputy Commissioner of Income-Tax, Circle - 8, Pune

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

ITA 1792/PUN/2018[2015-16]Status: DisposedITAT Pune02 Feb 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Ripote Dipak Pandurang, Am आयकर अपील सं. / Ita No.1792/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Balasaheb Kashinath Kamble, Sr.No.24/1B, Flat No.04, Aksha Apartment, Pimple Nilakh, Pune- 411027. .......अपीलाथ" / Appellant Pan : Aqzpk0209N बनाम / V/S. Dcit, Circle- 8, ……""यथ" / Respondent Pune. Assessee By : Shri Abhay Shastri Revenue By : Shri Piyush Kumar Singh Yadav सुनवाई क" तारीख / Date Of Hearing : 31.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 02.02.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Cit(A)- 6, Pune Dated 10.09.2018 For The Assessment Year 2015-16 As Per The Following Grounds Of Appeal On Record :- “1. The Learned Cit (A) Has Erred In Adding Back Agricultural Income Without Giving A Speaking Order. 2. The Learned Cit (A) Has Erred In Ignoring The Fact That The Assessee Along With His Wife & Brothers Holds 22 Acres Of Land Yielding Agricultural Income From The Same Which Was Accounted For In The Said A.Y. 2015-16. 3. The Learned Cit (A) Failed To Appreciate That The Assessing Officer Has Added Back Item Treating Them As Unexplained Cash Deposits & Not Agricultural Income. 4. The Learned Cit(A) Failed To Consider The Various Documents Produced Such As 7/12 Extract To Determine The Agricultural Income.”

For Appellant: Shri Abhay ShastriFor Respondent: Shri Piyush Kumar Singh Yadav
Section 142(1)Section 144Section 271(1)(b)

ITO WD 3(1), Kalyan vs. Potdar Ajit Krishnaji (HUF, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 592/MUM/2021[2010-11]Status: DisposedITAT Mumbai31 Jan 2022AY 2010-11

Bench: Om Prakash Kant, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 592/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Ito, Ward-3(1) Potdar Ajit Krishnaji (Huf) 2Nd Floor, Rani Mansion, V Krishna Steel Trading, Vs. Murbad Road, Kalyan (W) Vijay Baug, Varap Village, 421301. Murbad Road, Kalyan (W)- 421301. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaehp2434D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sanjiv Brahme Revenue By: Ms. Bhoomika Patel सुनवाई की तारीख / Date Of Hearing: 02/12/2021 घोषणा की तारीख /Date Of Pronouncement: 31/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -01, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: - “A) Grounds Of Appeal 1. The Learned Income Tai Officer Has Erred In Reopening The Assessment U/S 148. A.Y.2010-11 Without Prejudice To The Above

For Appellant: Shri Sanjiv BrahmeFor Respondent: Ms. Bhoomika Patel
Section 133(6)Section 143(1)Section 143(2)Section 148Section 69C