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)

Assistant Commissioner of Income Tax, Circle - 6(3)(2), Mumbai vs. M/S Jeevandeep Prakashan Private Limited, Mumbai

In the result, appeal of the revenue is dismissed

ITA 2693/MUM/2019[2010-11]Status: DisposedITAT Mumbai21 Jul 2020AY 2010-11

Bench: Shri Pawan Singh & Shri M. Balaganeshacit Circle 6(3)(2), M/S Jeevandeep Prakashan Aayakar Bhavan, Pvt. Ltd., M.K. Road, Mumbai-400020. Vs. Plot No. 7, Industrial Estate, Off Ba Road, Opposite Lalbaug, Mumbai-400012, Pan: Aabcj0182E Appellant Respondent Revenue By : Miss Samatha ( Sr. Dr) Assessee By : Shri Prashant Shah (Dr) Date Of Hearing : 21.07.2020 Date Of Pronouncement : 21.07.2020 Orderunder Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal By Revenue Is Directed Against The Order Of Ld. Commissioner Of Income-Tax Appeals (Ld. Cit(A)-12, Mumbai Dated 14.01.2019 For Assessment Year 2020-11. 2. Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Business Of Publication Of Educational Books, Filed Its Return Of Income For Assessment Year 2020-11 Declaring Income Of Rs. 1.60 Crore. The Return Of Income Was Selected For Scrutiny & Assessment Was Completed Under Section 143(3) On 14.03.2013 Accepting The Return Income. Subsequently, Case Was Reopened Under Section 147. The Assessing Officer Reopened The Case On The Basis Of Information Received From The Dgit (Inv.), Mumbai

For Appellant: Shri Prashant Shah (DR)For Respondent: Miss Samatha ( Sr. DR)
Section 143(2)Section 143(3)Section 147Section 148Section 254(1)

Prakashchandra Harilal Shah, Mumbai vs. CIT (A)-25, Mumbai

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 1206/MUM/2019[2012-13]Status: DisposedITAT Mumbai15 Jul 2020AY 2012-13

Bench: Shri C. N. Prasad, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 1206/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) Prakash Chandra Harilal Cit(A)-25, 4Th Floor Tower No. 6 Rly Shah, Flat No. 803, 8Th Floor, B Station Commercial बिधम/ Wing, Adinath Bldg, Complex, Vashi Navi Vs. Mumbai-400 703 Neelkanth Enclave Opp- Shreyas Cinema Lbs Road, Ghatkopar West, Mumbai-400 086 स्थायीलेखासं./जीआइआरसं./Pan No. Aapps6547M (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Ashwin Kumar H. Shah, Ar प्रत्यथीकीओरसे/Respondentby : Shri Unavekar, Dr सुनवाईकीतारीख/ : 27.02.2020 Date Of Hearing घोषणाकीतारीख / : 15.07.2020 Date Of Pronouncement आदेश / O R D E R Per S. Rifaur Rahman (): The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-25, Mumbai, Dated 17.01.2019 For Ay 2012-13. 2

For Appellant: Shri Ashwin Kumar HFor Respondent: Shri Unavekar, DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(b)Section 271(1)(c)Section 274Section 282