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)

Hazelnut Constructions Pvt. Ltd., Mumbai vs. ITO, Ward-3(1)(4), Mumbai

The appeal of the assessee is allowed on jurisdictional issue

ITA 1730/MUM/2019[2015-16]Status: DisposedITAT Mumbai17 Jun 2020AY 2015-16

Bench: Sri Mahavir Singh, Vp & Sri Manjunatha G, Am आयकर अपील िं./ Ita No. 1730/Mum/2019 (ननर्ाारण वर्ा / Assessment Years 2015-16) Hazelnut Constructions Pvt. The Income Tax Officer Ltd. Ward 3(1)(4) बनाम/ 514, Dalamal Towers, 211, Fpj Mumbai Vs. Marg, Nariman Point, Mumbai (अपीलाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी लेखा िं./Pan No. Aabch6233N अपीलाथी की ओर े/ Appellant By : Shri Chetan Karia, Ar प्रत्यथी की ओर े/ Respondent By : Shri Akhtar Ansari, Dr ुनवाई की तारीख / Date Of Hearing: 17.06.2020 घोर्णा की तारीख / Date Of Pronouncement: 17.06.2020 आदेश / O R D E R महावीर स िंह, उपाध्यक्ष / Per Mahavir Singh, Vp: This Appeal Of Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-8, Mumbai, [In Short Cit(A)], In Ita No. Cit(A)-8/It-153/2017-18 Dated 19.02.2019. The Assessment Was Framed By The Income Tax Officer, Ward 3(1)(4), Mumbai (In Short Acit/Ito/ Ao) For The A.Y. 2015-16 Vide Order Dated 30.11.2017 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). 2. The First Issue Raised By Assessee In Its Appeal Is As Regards To The Assumption Of Jurisdiction By The Assessing Hazelnut Constructions Pvt. Ltd.; Ay; 2015-16 Officer For “Complete Scrutiny” Whereas The Case Was Selected For “Limited Scrutiny” Under Cass For The Assessment Year 2015-16. For This, Assessee Has Raised The Following Ground No.1: -

For Appellant: Shri Chetan Karia, ARFor Respondent: Shri Akhtar Ansari, DR
Section 142(1)Section 143Section 143(2)Section 143(3)

Manoj Sudhakar Pardeshi, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, the appeal of the assessee is allowed

ITA 1125/PUN/2018[2013-14]Status: DisposedITAT Pune01 Jun 2020AY 2013-14

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1125/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14 Manoj Sudhakar Pardeshi, C/O G.Y. Limaye & Co., 101, Manikanchan, Kanchan Gallie, Behind Krishna Dining Hall, Off. Law College Road, Erandwana, Pune-411004. .......अपीलाथ" / Appellant Pan : Aazpp3408J बनाम / V/S. Dcit, Circle-14, ……""यथ" / Respondent Pune. Assessee By : Shri Kishor Phadke Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 02.06.2020 घोषणा क" तारीख / Date Of Pronouncement : 02.06.2020 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee Is Against The Order Of The Cit(A)-7, Pune Dated 25.04.2018 For The Assessment Year 2013-14. 2. The Grounds Raised By The Assessee Are As Under :- “1. The Learned Dcit, Circle 14, Pune (Hereinafter Referred To As Learned Ao) Erred In Law & On Facts In Levying A Penalty Of Rs. 10,000/- U/S 271(1)(B) Of The Ita, 1961. 2. In Arriving At The Conclusion For Levy Of Penalty, The Lower Authorities Failed To Appreciate That - The Appellant Ensured Due Compliances With All The Notices Issued By The Learned Ao & Hence Levy Of Penalty Is Bad Is Law. - No Non-Compliance With Notices Issued By Learned Ao Deciphers From The Assessment Order.

For Appellant: Shri Kishor PhadkeFor Respondent: Shri S. P. Walimbe
Section 142(1)Section 143(3)Section 153ASection 271(1)(b)