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)

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 929/MUM/2013[2005-06]Status: DisposedITAT Mumbai30 Sept 2016AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 928/MUM/2013[2004-05]Status: DisposedITAT Mumbai30 Sept 2016AY 2004-05

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 927/MUM/2013[2003-04]Status: DisposedITAT Mumbai30 Sept 2016AY 2003-04

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C

Hi Klass Moving Picture P.Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, all appeals of the assessee are allowed

ITA 926/MUM/2013[2002-03]Status: DisposedITAT Mumbai30 Sept 2016AY 2002-03

Bench: Shri R.C.Sharma, Am & Shri C.N.Prasad, Jm आमकय अऩीर सं./Ita No.926 To 931/Mum/2013 (नििाारण वषा / Assessment Year : 2002-03 To 2007-08) Hiklass Moving Picture Pvt. Vs. Acit, Cir-6(3), Mumbai Ltd., 607/3, Navjivan Society, Lamingaton Road, Mumbai Central, Mumbai-400008 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaach 1582 K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Bhupendra Shah याजस्व की ओर से /Revenue By : Shri Rahul Raman सुनवाई की तायीख / Date Of Hearing : 30/08/2016 घोषणा की तायीख/Date Of Pronouncement 30/09/2016 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2002-03 To 2007-08, In The Matter Of Order Passed U/S.143(3) R.W.S.153C Of I.T.Act. 2. Common Grounds Have Been Raised In All The Years Under Consideration. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That There Was A Search U/S.132 In The Raisoni-Sancheti Group Of Cases. As A Part Of The Said Group, The Director Of Assessee-Company Shri Chaitanya Kochar Was Also Covered Under The Search Conducted. During The Course Of The Search Undertaken, It Was Found That The Assessee- Company Was A Paper Company Used By The Raisoni-Sancheti Group As A 2

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Rahul Raman
Section 132Section 143(2)Section 143(3)Section 144Section 147Section 148Section 153Section 153ASection 153C