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)

A.C.I.T., Central Circle-IV, Kolkata vs. M/S Utsav Rice Mills (P) Ltd., Kolkata

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

ITA 2820/KOL/2013[2008-2009]Status: DisposedITAT Kolkata15 Mar 2017AY 2008-2009

Bench: Shri A.T.Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2820/Kol/2013 ("नधा"रण वष" /Assessment Year:2008-2009) Acit, Cc-Vi, Kolkata Vs. M/S Utsav Rice Mills (P) Ltd., 3Rd Floor, Aayakar Bhawan Room No.772, 7Th Floor, 25, Poorva, E.M.Bye Pass, 110 Strand Road, Marshal House, Shanti Pally, Kolkata- Kolkata-700001 700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaacu 3922 G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri K.M.Roy, Fca Revenue By : Shri G.Mallikarjuna, Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 18/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 15/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To The Assessment Year 2008-09, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-I, Kolkata, In Appeal No.306/Cc- Vi/Cit(A)C-I/11-12, Dated 22-10-2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 153A/143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 31.12.2011. 2. Brief Facts Of The Case Qua The Assessee Are That A Search & Seizure Operation Was Conducted On 16-9-2009 At The Residential & Business Premises Of The Assessee Group. In Response To Notice U/S.153A, The Assessee Filed His Return Of Income For The Relevant Assessment Year On 05.11.2011, Declaring Total Income Of Rs.39,01,011/-. Earlier The Original Return Was Filed By The Assessee On 30-9-2008 At Total Income Of Rs.29,29,345/-. The Assessee Claimed Expenditure Of Rs.69,72,125/- On M/S Utsav Rice Mills (P) Ltd.

For Appellant: Shri K.M.Roy, FCAFor Respondent: Shri G.Mallikarjuna, CIT DR
Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)Section 153A

M/S Kalptaru Goods Pvt. Ltd., Kolkata vs. CIT, Kolkata-II, Kolkata

In the result, all the appeals are dismissed

ITA 722/KOL/2015[2009-2010]Status: DisposedITAT Kolkata06 Mar 2017AY 2009-2010

Bench: Shri N.V. Vasudevan, Jm & Dr. Arjun Lal Saini, Am Assessment Year:2009-10 M/S. Kalptaru Goods Pvt. Ltd. Vs. Commissioner Of Income Tax, 6, Biplabi Rash Behari Basu Road, Kolkata-Ii, First Floor, Kolkata-700001. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aadck 3633 K Rep. By Shri Niraj Kumar, Cit Assessment Year:2009-10 M/S. Everlink Distributors Pvt. Ltd Vs. Commissioner Of Income Tax, 16, Mangoe Lane, 2Nd Floor, Kolkata-1, Kolkata-700001. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aacce 1268 R Rep. By Niraj Kumar, Cit Assessment Year:2009-10 Zodiac Vincom Pvt. Ltd. Vs. Commissioner Of Income Tax, 4, B.B/.D.Bag,(E) Stephen House, 5Th Kolkata-1I, Floor, Room No.77, Kolakta-700001. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aaacz 3537 E Rep. By Shri Niraj Kumar, Cit Assessment Year:2010-11 Tulsi Management Services (P)Ltd. Vs. Commissioner Of Income Tax, 1/1, Meredath Street, Ground Floor, Kolkata-1, Kolkata-700072. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aadct 1973 F Rep. By Shri Niraj Kumar, Cit Assessment Year:2010-11 Classic Barter Pvt. Ltd. Vs. Pr. Commissioner Of Income Tax, 4A, Acre Road, Kolkata-2, P.S.Beniapukur Kolkata-700017. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aabcc 1038 L Rep. By Shri Niraj Kumar, Cit (Appellants) (Respondents)

Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 148Section 263Section 68