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, Chennai vs. M/S. Nms Works Software Pvt. Ltd., Chennai

In the result, the appeal of the Department is partly allowed for statistical purposes

ITA 2902/CHNY/2016[2012-13]Status: DisposedITAT Chennai28 Jul 2017AY 2012-13

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 2902/Mds/2016 "नधा"रण वष"/Assessment Year:2012-13 The Assistant Commissioner Of M/S. Nms Works Software Pvt. Ltd., C-3, 6Th Floor, Iit Madras Research Income Tax, Vs. Corporate Circle 4(2), Park, Taramani, Chennai 600 113. Chennai 600 034. [Pan:Aabcn2551M] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Murali Mohan, Addl. Cit ""यथ" क" ओर से/Respondent By : Shri J. Naufal Mukkthar, Advocate [Vakalat/Poa Not Filed] सुनवाई क" तार"ख/ Date Of Hearing : 01.06.2017 घोषणा क" तार"ख /Date Of Pronouncement : 28.07.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Of The Department Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals) 8, Chennai Dated 08.08.2016 Relevant To The Assessment Year 2012-13. The Revenue Has Raised Two Effective Grounds Viz., (I) The Ld. Cit(A) Has Erred In Deleting The Addition Of ₹.24,23,035/- Amortized In Books In Respect Of Software Products & (Ii) The Ld. Cit(A) Has Erred In Deleting The Disallowance On The Claim On Interest On Delayed Payment On Service Tax Of ₹.8,48,216/-.

For Appellant: Shri Murali Mohan, Addl. CITFor Respondent: Shri J. Naufal Mukkthar, Advocate
Section 142(1)Section 143(2)

ACIT, Circle-2(1), Sambalpur vs. M/S. Gayatri College of Pharmacy, Sambalpur

Appeal of the revenue is allowed for statistical purposes

ITA 467/CTK/2014[2010-11]Status: DisposedITAT Cuttack27 Jul 2017AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.467/Ctk/2015 (धनधाारण वषा / Assessment Year :2010-201) Acit, Circle-2(1), Sambalpur Vs. M/S Gayatri College Of Pharmacy, At-Jamadarpalli, Po-Ainthapalli, District-Sambalpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaatg 7115 L (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Citdr धनधााररती की ओर से /Assessee By : None सुनवाई की तारीख / Date Of Hearing : 25/07/2017 घोषणा की तारीख/Date Of Pronouncement 27/07/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Of Cit(A)-Ii, Bhubaneswar, Passed In Appeal Reference No.0511/2013-14, Dated 18.09.2014. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “01. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Is Correct In Law & Facts In Giving Full Relief To The Assessee Trust Though The Activities Of The Assessee Did Not Qualify To Claim Exemption U/S.10(23C)(Vi) Of The I.T.Act. 02. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Is Correct In Law & Facts In Giving Full Relief To The Assessee Trust Though The Accumulated Profit Is More Than 15% Of Total Income.” 3. Brief Facts Of The Case Are That The Assessee Is A Society Registered Under The Society Registration Act, 1860 On 9-9-1986 & Runs Educational Institution & Imparting Education Of Pharmacy At Graduation & Post Graduation Levels & Filed The Return Of Income On 13.09.2010 Declaring Total Income Of Rs.Nil & The Sources Of Income Of The Assessee Mainly From Admission Fees, Sale Of Application Form, Hostel

For Appellant: NoneFor Respondent: Shri Subhendu Dutta, CITDR
Section 10Section 11Section 12ASection 143(1)Section 143(2)Section 143(3)