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)

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6310/DEL/2025[2015-16]Status: DisposedITAT Delhi01 Jul 2026AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6282/DEL/2025[2014-15]Status: DisposedITAT Delhi01 Jul 2026AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6281/DEL/2025[2013-14]Status: DisposedITAT Delhi01 Jul 2026AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Ashokkumar Chhaganbhai Mehta, Rajkot vs. Income Tax Officer, Ward-1(1)(1), Rajkot

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

ITA 658/RJT/2026[2022-23]Status: DisposedITAT Rajkot30 Jun 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 658/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2022-23) Ashokkumar Chhaganbhai Mehta Income Tax Officer Ward - 1(1)(1) 305-A Convention Center Opp Vs. Aayakar Bhavan, Rajkot Icici Bank Yagnik Road Rajkot Gujrat 360001 Gujrat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alvpm7081P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Digant Kiyada, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 24/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2022-23, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 15.04.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Read With Section144B Of The Act, Dated 13.03.2024. Ita No.658/Rjt/2026 [ Ay 2022-23 ] Ashokkumar Chhaganbhai Mehta V. Ito

For Appellant: Shri Digant Kiyada, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 144Section 144B