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)

DCIT 4(2)(2), Mumbai vs. Khanna Rayon Industries P.Ltd, Mumbai

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

ITA 3233/MUM/2017[2012-13]Status: DisposedITAT Mumbai22 Apr 2021AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.3233/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2012-13) बिधम/ Dcit, Cir 4(2)(1) M/S. Khanna Rayon Room No.642, 6Th Floor, Industries Pvt. Ltd. Vs. 1St Floor, Silk House, Silk Aayakar Bhavan, M. K. Road, Mumbai-400020. Bazar, J.S.S. Road, Dhobi Talao, Mumbai-400002. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aajcs3407M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Sandeep Raj (Dr) Assessee By: Shri K. Gopal & Ms. Neha Paranjpe (Ar) सुनवाई की तारीख / Date Of Hearing: 25/03/2021 घोषणा की तारीख /Date Of Pronouncement: 22/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.01.2017 Passed By The Commissioner Of Income Tax (Appeals) -09 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Revenue Has Raised The Following Grounds: - "1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing Relief To The Assessee Of Rs. 17,00,00,000/- On Account Of Sale Of Tdr, Holding It As A Capital Receipt Not Subject To Tax, Without Appreciating The Fact That The Assessee Itself Submitted That Out Of 86,000 Sq. Ft. Of Saleable Area, 65,000 Sq. Ft. Was Constructed & A.Y.2012-13 The Balance Of 21, 000 Sq. Ft. Of Saleable Area Which Was Kept For Themselves Have Been Converted As Stock-In-Trade In A. Y. 1995-96 & Was Reflected In The Books At The Notional Market Value".

For Appellant: Shri K. Gopal & Ms. Neha ParanjpeFor Respondent: Shri Sandeep Raj (DR)
Section 115JSection 143(1)Section 143(2)Section 14A

Income Tax Officer-19(1)(3), Mumbai vs. Ganpat Metal Industries, Mumbai

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

ITA 5125/MUM/2019[2009-10]Status: DisposedITAT Mumbai08 Apr 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5125/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-19(1)(3) बिधम/ Ganpat Metal Industries Room No.220, 2Nd Floor, Shop No.1 Narayan Niwas, Vs. 2Nd Khetwadi Lane Near Matru Mandir Building, Tardeo Road, Mumbai- Alankar Cinema, Mumbai- 400007. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagfg1194B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 25/02/2021 घोषणा की तारीख /Date Of Pronouncement: 08/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-07, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Revenue Has Raised The Following Grounds: - “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Restricting The Addition @ 12.5% As Against @ 19.5% Made By The Ao On Bogus Purchases Despite The Fact That The Addition Was Made On Basis Of Credible Information Received From Dgit(Inv.) Based On Information Supplied From Sales Tax Authorities.

For Appellant: NoneFor Respondent: Ms. Smita Verma (Sr. AR)
Section 143(1)Section 143(2)Section 147Section 148

Chhabilkumar P. Adani, Mumbai vs. Income Tax Officer 19(1)(3), Mumbai

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

ITA 691/MUM/2019[2011-12]Status: DisposedITAT Mumbai07 Apr 2021AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 691/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Chhabilkumar P. Adani बिधम/ Ito-19(1)(3) 238, 2Nd Kumbharwada Room No.220, 2Nd Floor, Vs. Lane, Sant Sena Maharaj Matru Mandir, Tardeo Road, Marg, Mumbai-400004. Mumbai-400007. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abspc8423A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Jitendra Singh (Ar) Revenue By: Ms. Shreekala Pardeshi (Dr) सुनवाई की तारीख / Date Of Hearing: 18/02/2021 घोषणा की तारीख /Date Of Pronouncement: 07/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 16.05.2018 Passed By The Commissioner Of Income Tax (Appeals)-53, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2011-12. 2. The Assessee Has Raised The Following Grounds: - “1. The Ld. Commissioner Of Income Tax (Appeals) -53, Mumbai (Hereinafter Referred To As "Ld. Cit(A) Erred In Passing The Order Dated 16.05.2018 Without Providing The Appellant An Appropriate Opportunity Of Being Heard. Thus, The Order Passed By Ld. Cit(A) Is Against The Principals Of Natural Justice & The Same May Be Quashed. 2. The Ld. Cit(A) Erred In Confirming The Action Of The Ld. A.0. In Making The Addition Of Rs.1,05,13,876/-Treating The Same As

For Appellant: Shri Jitendra Singh (AR)For Respondent: Ms. Shreekala Pardeshi (DR)
Section 143(1)Section 143(2)Section 148Section 234BSection 69C

Gul Manoharlal Makhijani, Mumbai vs. ITO, Ward - 2(1), Kalyan

In the result, the appeals filed by the assessee are hereby dismissed

ITA 3208/MUM/2019[2009-10]Status: DisposedITAT Mumbai07 Apr 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 3208/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) & आयकर अपील सं/ I.T.A. No. 3209/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Gul Manoharlal Makhijani बिधम/ Commissioner Of Income 6, Red Rose Society, Opp, Tax-3, Vs. Room No.30, A- Wing, 6Th Chopra Court, Ulhasnagar, Maharashtra-421003. Floor, Ashar I. T. Park, Wagle Indl, Estate, Thane- 400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aazpm5806H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri T. S. Khalsa (Dr) सुनवाई की तारीख / Date Of Hearing: 18/02/2021 घोषणा की तारीख /Date Of Pronouncement: 07/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 22.02.2019 Passed By The Commissioner Of Income Tax (Appeals)-3, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2009- 10 & 2010-11. Ita. No.3208/M/2019

For Appellant: NoneFor Respondent: Shri T. S. Khalsa (DR)
Section 133(6)Section 143(1)Section 143(2)Section 148

Pragaram J Patel, Mumbai vs. ITO 19 (2)(5), Mumbai

The appeal stands dismissed

ITA 5569/MUM/2019[2011-12]Status: DisposedITAT Mumbai05 Apr 2021AY 2011-12

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.5569/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) Pragaram J. Patel Ito-19(2)(5) 67/26, 2Nd Floor, Kholsawala Bldg. Matru Mandir बिाम/ Dr. M.G. Mahimtura Marg Mumbai – 400 020. Vs. 3Rd Kumbharwada Mumbai - 400 004. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacpp-1462-B (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : None Revenue By : Ms. Smita Verma – Ld. Sr. Dr सुनवाई की तारीख/ : 24/03/2021 Date Of Hearing घोषणा की तारीख / 05/04/2021 : Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. At The Time Of Hearing, None Appeared For Assessee. However, The Material On Record Was Sufficient For Disposal Of The Appeal. The Ld. Dr Pleaded For Dismissal Of The Appeal. The Assessee Is Aggrieved By Confirmation Of Certain Addition On Account Of Alleged Bogus Purchases Vide Order Dated 20/06/2019 As Passed By Ld. Commissioner Of Income- Tax (Appeals)-4, Mumbai, [In Short Referred To As ‘Cit(A)’], Appeal No.Cit(A)-4/Ito-19(2(5)/E-Filing-51/2018-19. Our Adjudication To The Subject Matter Of Appeal Would Be As Given In Succeeding Paragraphs.

For Appellant: NoneFor Respondent: Ms. Smita Verma – Ld. Sr. DR
Section 143(2)Section 143(3)Section 148