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)

Bharatbhai Thakarshibhai Limbasiya, Kuvadava Road vs. ITO WD 2(1)(1), RKT, Rajkot

In the result, appeal filed by the assessee, is allowed for statistical purposes

ITA 887/RJT/2025[2016-17]Status: DisposedITAT Rajkot09 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 887/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2016-17) Bharatbhai Thakarshibhai Limbasiya, Ito Wd 2(1)(1), Rajkot, Plot No 17/2 Shri Shivranjni Park Street Vs. Aayakar Bhawan, Race No 2 80Ft Road Kuvadava Road Rajkot, Course Ring Road, Rajkot, Rajkot, Gujarat-360003 Gujarat, 360001, "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahspl6455B (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Ramesh M. Patel, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit (Dr) Date Of Hearing : 08/06/2026 09/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, Is Directed Against The Order Under Section-250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 24.09.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147, R.W.S. 144 & 144B Of The Act, Dated 09.03.2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Did Not File The Return Of Income Of The Assessment Year 2016-17. Based On The Information Available With The Department, It Was Noticed That The Assessee Had Undertaken The Substantial

For Appellant: Shri Ramesh M. Patel, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT (DR)
Section 142(1)Section 144Section 147Section 148Section 69A

Peshuram Lilaram Mulchandani, Veraval vs. The Income Tax Officer, Veraval

ITA 230/RJT/2026[2016-17]Status: DisposedITAT Rajkot08 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.229 & 230/Rjt/2026 "नधा"रण वष"/Assessment Year :2019-2020 Peshuram Lilaram Mulchandani The Ito, 2Nd Floor Tower Chowk Verval बनाम/ Ward-4 Junagadh Vs Birla Sun Life Insurance Company Ltd. Sadguru Arcade, Veraval Gujarat-362265 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aoupm6150R (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri R.B. Shah, Ld. Ar राज"व क" ओर से/Revenue By : Shri Anadi Dixit, Ld. Sr-Dr सुनवाई क" तार"ख/Date Of Hearing : 12/03/2026 घोषणा क" तार"ख/Date Of Pronouncement : 08/06/2026 आदेश/Order Per, Dr. Arjun Lal Saini, A.M: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year 2016-17, Are Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of An Assessment Order Passed By Assessing Officer U/S. 147 R.Ws. 144B Of The Act & A Penalty Order Passed U/S 271(1)(C) Of The Act.

For Appellant: Shri R.B. Shah, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr-DR
Section 142(1)Section 147Section 151ASection 250Section 271(1)(c)

Peshuram Lilaram Mulchandani, Veraval vs. The Income Tax Officer, Veraval

ITA 229/RJT/2026[2016-17]Status: DisposedITAT Rajkot08 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.229 & 230/Rjt/2026 "नधा"रण वष"/Assessment Year :2019-2020 Peshuram Lilaram Mulchandani The Ito, 2Nd Floor Tower Chowk Verval बनाम/ Ward-4 Junagadh Vs Birla Sun Life Insurance Company Ltd. Sadguru Arcade, Veraval Gujarat-362265 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aoupm6150R (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri R.B. Shah, Ld. Ar राज"व क" ओर से/Revenue By : Shri Anadi Dixit, Ld. Sr-Dr सुनवाई क" तार"ख/Date Of Hearing : 12/03/2026 घोषणा क" तार"ख/Date Of Pronouncement : 08/06/2026 आदेश/Order Per, Dr. Arjun Lal Saini, A.M: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year 2016-17, Are Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of An Assessment Order Passed By Assessing Officer U/S. 147 R.Ws. 144B Of The Act & A Penalty Order Passed U/S 271(1)(C) Of The Act.

For Appellant: Shri R.B. Shah, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr-DR
Section 142(1)Section 147Section 151ASection 250Section 271(1)(c)