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)

ACIT Cir. 15(1)(2), Mumbai vs. Desh Consultancy Services Pvt. Ltd., Navi Mumbai

In the result, this appeal by the Revenue stands allowed for statistical purposes

ITA 5015/MUM/2016[2012-13]Status: DisposedITAT Mumbai22 Mar 2018AY 2012-13

Bench: Shri Shamim Yahya, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No.5015/Mum/2016 ("नधा"रण वष" / Assessment Year: 2012-13) Acit, Cir. 15(1)(2), M/S. Desh Consultancy Services Ltd. बनाम/ Room No. 483, 4Th Floor, No. 101-105, “B” Shiv Chambers, Aayakar Bhavan, M. K. Road, Sector-11, Belapur, Vs. Mumbai-400 020 Navi Mumbai-400 614 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaccd 0044 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Ram Tiwari ""यथ" क" ओर से/Respondent By : Shri S. L. Jain सुनवाई क" तार"ख / : 20.03.2018 Date Of Hearing घोषणा क" तार"ख / : 22.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Revenue Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 30.05.2016 & Pertains To The Assessment Year 2012- 13. 2. The Grounds Of Appeal Read As Under: 1. On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Deleting The Disallowance Of Discount On Chits Claimed Of Rs.6,35,56,496/- Without Appreciating The Fact That No Evidence On Record Was Brought To Show That The Assessee Had Invested In A Number Of Chits & Had Incurred A Huge Discount Of Rs.6,35,56,496/-.

For Appellant: Shri Ram TiwariFor Respondent: Shri S. L. Jain
Section 142(1)Section 143(3)

Vijay Lal, Bhubaneswar vs. DCIT, Circle-2(1), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 120/CTK/2017[2013-14]Status: DisposedITAT Cuttack20 Mar 2018AY 2013-14

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.120/Ctk/2017 (नििाारण वषा / Assessment Year : 2013-2014) Vijay Lal Vs. Dcit, Circle-2(1), C/O-Vijay Motors-Mahindra Bhubaneswar Division, Plot No.27, Near Chintamaniswar Square & Icici Bank, Cuttack Road, Bhubaneswar-751006 स्थायी लेखा सं./ Pan No. : Aaepl 8429 N (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ाारिती की ओर से /Assessee By : Shri P.K.Mishra, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Citdr सुनवाई की तारीख / Date Of Hearing : 08/03/2018 घोषणा की तारीख/Date Of Pronouncement 20/03/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Bhubaneswar, Dated 23.12.2016 For The Assessment Year 2013-2014. 2. The Assessee Has Raised The Following Grounds Of Appeal:- 1. That The Learned Assessing Officer Has Erred Both In Law & In Fact By Making An Addition Of Rs.2,67,73,661/- To The Returned Total Income As Loss Of Stock By Fire As Unexplained Expenses, Which Is Contrary To The Evidence On Record, Rules & Facts, Hence The Same Is Liable To Be Deleted. 2. That The Learned Cit (A) Has Erred Both In Law & In Fact By Confirming The Addition Of Rs.2,67,73,661/- To The Returned Total Income As Loss Of Stock By Fire Being Unexplained Expenses, Which Is Contrary To The Evidence On Record, Rules & Facts, Hence The Same Is Liable To Be Deleted. 3. That The Learned Assessing Officer Has Erred Both In Law & In Fact By Making An Addition Of Rs.4,32,692/- To The Returned Total Income As Goods Delivery Expenses Being Unexplained

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri D.K.Pradhan, CITDR
Section 143(1)Section 143(2)Section 143(3)Section 44A