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, Cir-8(1), Kolkata vs. M/S Eih Ltd., Kolkata

In the result, the appeal filed by the Revenue is allowed

ITA 356/KOL/2016[2001-2002]Status: DisposedITAT Kolkata15 Dec 2017AY 2001-2002

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.356& 338/Kol/2016 (िनधा"रणवष" / Assessment Year: 2001-02&2006-07) Vs. M/S Eih Ltd. Dcit, Cir-8(1), Kolkata Aayakar Bhawan, 5Th Floor, P-7, Chowringhee 4, Mangoe Lane, Kolkata – 1. Sq., Kolkata- 69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaace 6898 B (Appellant) .. (Respondent) Appellant By : Shri Arindam Bhattacharjee, Addl. Cit Respondent By : Shri Asim Chaudhury, Advocate. सुनवाईकीतारीख/ Date Of Hearing : 12/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 15/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Revenue, Pertaining To Assessment Years2001-02 & 2006-07, Are Directed Against The Orders Passed By The Ld Commissioner Of Income Tax (Appeals)-16,Kolkata. 2.The Grounds Of Appeal Raised By The Revenue (In Ita No.338/Kol/2016) Are As Under: “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has The Power U/S 251 Of The Income Tax Act To Accept The Claim Of The Assessee For Amending The Return Except Otherwise Than By Filing A Revised Return. 2. That The Appellant Reserves The Right To Amend, Alter Or Add To Any Ground(S) Of Appeal Before Or At The Time Of Hearing Of The Appeal.” 3.The Brief Facts Qua The Issue Are That Theassessee Filed Its Return Of Fringe Benefits On 27.11.2006 Showing Value Of Fringe Benefit At Rs.8,28,82,508/- & The Same Was Processed U/S 115We Of The I.T. Act, 1961. Thereafter, Notice U/S 115We(2) R.W.S 142(1) Of The Act, Was Issued To The Assessee. During The Assessment Proceedings, The Assessee Claimed That Expenditure Of Rs.2,24,48,941/- Was Incurred On Uniform Of Employees On Office Duty Is Not Liable To Be Considered For M/S Eih Ltd.

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Asim Chaudhury, Advocate
Section 115WSection 251

DCIT, Cir-8(1), Kolkata vs. M/S Eih Ltd., Kolkata

In the result, the appeal filed by the Revenue is allowed

ITA 338/KOL/2016[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.356& 338/Kol/2016 (िनधा"रणवष" / Assessment Year: 2001-02&2006-07) Vs. M/S Eih Ltd. Dcit, Cir-8(1), Kolkata Aayakar Bhawan, 5Th Floor, P-7, Chowringhee 4, Mangoe Lane, Kolkata – 1. Sq., Kolkata- 69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaace 6898 B (Appellant) .. (Respondent) Appellant By : Shri Arindam Bhattacharjee, Addl. Cit Respondent By : Shri Asim Chaudhury, Advocate. सुनवाईकीतारीख/ Date Of Hearing : 12/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 15/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Revenue, Pertaining To Assessment Years2001-02 & 2006-07, Are Directed Against The Orders Passed By The Ld Commissioner Of Income Tax (Appeals)-16,Kolkata. 2.The Grounds Of Appeal Raised By The Revenue (In Ita No.338/Kol/2016) Are As Under: “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has The Power U/S 251 Of The Income Tax Act To Accept The Claim Of The Assessee For Amending The Return Except Otherwise Than By Filing A Revised Return. 2. That The Appellant Reserves The Right To Amend, Alter Or Add To Any Ground(S) Of Appeal Before Or At The Time Of Hearing Of The Appeal.” 3.The Brief Facts Qua The Issue Are That Theassessee Filed Its Return Of Fringe Benefits On 27.11.2006 Showing Value Of Fringe Benefit At Rs.8,28,82,508/- & The Same Was Processed U/S 115We Of The I.T. Act, 1961. Thereafter, Notice U/S 115We(2) R.W.S 142(1) Of The Act, Was Issued To The Assessee. During The Assessment Proceedings, The Assessee Claimed That Expenditure Of Rs.2,24,48,941/- Was Incurred On Uniform Of Employees On Office Duty Is Not Liable To Be Considered For M/S Eih Ltd.

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Asim Chaudhury, Advocate
Section 115WSection 251

ITO, WD-35(2), Kolkata vs. M/S Nidhi Sulphonates, Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 618/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)

Nidhi Sulphonates, Kolkata vs. ITO, WD-35(2), Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 378/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)

Sarda Mines Pvt. Limited, Kolkata vs. DCIT, Circle-05(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 868/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Dec 2017AY 2012-13

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 868/Kol/2017 Assessment Year: 2012-13 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred

Section 115JSection 143(3)Section 263Section 40