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)

Co-Operative Cane Development Union Limited, Lakhimpur Kheri vs. Assessment Unit/ACIT, Sitapur

ITA 916/LKW/2025[2022-23]Status: DisposedITAT Lucknow25 May 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2022-23 Cooperative Cane Development Vs. Assessment Unit, Income Tax Union Ltd., Maholi, C/O Ayyubi Department/Assistant Chamber, Raniganj, Lakhimpur Commissioner Of Income Tax- Kheri-262001, U.P. Sitapur, U.P. Pan: Aaatc4152F (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. & Sh. K.R. Rastogi, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 03.03.2026 Date Of Pronouncement: 25.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 31.10.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Assessing Officer Passed Under Section 143(3), For The A.Y. 2022-23, On 6.03.2024. The Grounds Of Appeal Are As Under:- “(1) That Notice U/S 143(2) Of I. T. Act Has Been Issued By Assessment Unit. Income Tax Department, Dated 02-06-2023 Who Have No Jurisdiction To Issue The Same In View Of Cbdt Circular / Notification Dated 29.03.2022 Wherein It Has Been Specifically Enumerated That The Npac Has Exclusive Power To Issue The Notice U/S 148 Of L. T. Act, 1961, Hence The Present Assessment Is Invalid As Per Law. (2) That The Ld. C.I.T. (A) Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Ii) & 80P(2)(1) Of L. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 8484711/-

For Appellant: Sh. Shubham Rastogi, C.A. & Sh. K.RFor Respondent: Sh. Amit Kumar, DR
Section 142(1)Section 143(2)Section 143(3)Section 148Section 250Section 80PSection 80P(2)(a)

Shree Jyotiriling Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Sangli vs. ITO Ward - 3, Sangli

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 52/PUN/2026[2018-19]Status: DisposedITAT Pune25 May 2026AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.52/Pun/2026 धििाारण वर्ा / Assessment Year : 2018-19 Shree Jyotirling Gramin Bigar Sheti Ito, Ward – 3, Sangli Sahakari Pat Sanstha Maryadit, Opp. Palus Sahakari Bank M Palus Vs. Post. Palus Sangli-416310 Pan : Aagas1359F अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Smt. Deepa Khare Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 28.08.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2018-19. 2. There Is A Delay Of 69 Days In Filing Of This Appeal Before The Tribunal For Which The Assessee Has Filed An Affidavit Explaining The Reasons For Such Delay. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Live Law (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal.

For Appellant: Smt. Deepa KhareFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 69ASection 80P

Pratibha and Pratik Associates, Kolhapur vs. Income Tax Officer, Kolhapur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2723/PUN/2025[2015-16]Status: DisposedITAT Pune25 May 2026AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2677 & 2723/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Pratibha & Pratik Associates, Income Tax Officer, 247/18 E Prithviprasad, Ward – 2(1), Kolhapur Nagala Park, Kolhapur-416003 Vs. Pan : Aaofp8008R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Pramod S Shingte Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 31.10.2025 & 13.10.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Years (“Ay”) 2015-16. In Ita No. 2677/Pun/2025, The Assessee Has Challenged The Quantum Addition Made By The Ld. Assessing Officer (“Ao”) Whereas Ita No. 2723/Pun/2025 Is Filed Against The Levy Of Penalty U/S 271)1)(C) Of The Income Tax Act, 1961 (The “Act”). For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. Briefly Stated, The Facts Of The Case Are That For Ay 2015-16, The Assessee Did Not File Its Return Of Income. Based On The Information Available With The Department, It Was Found That The Assessee Has Made Transactions Of Tds Return Payment To Contractor (Section 194C) Of Rs.4,29,67,200/- During Ay 2015-16 Which Has Not Been Reported Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus

For Appellant: Shri Pramod S ShingteFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 194CSection 271

Pratibha and Pratik Associates, Kolhapur vs. Income Tax Officer, Kolhapur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2677/PUN/2025[2015-16]Status: DisposedITAT Pune25 May 2026AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2677 & 2723/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Pratibha & Pratik Associates, Income Tax Officer, 247/18 E Prithviprasad, Ward – 2(1), Kolhapur Nagala Park, Kolhapur-416003 Vs. Pan : Aaofp8008R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Pramod S Shingte Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 31.10.2025 & 13.10.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Years (“Ay”) 2015-16. In Ita No. 2677/Pun/2025, The Assessee Has Challenged The Quantum Addition Made By The Ld. Assessing Officer (“Ao”) Whereas Ita No. 2723/Pun/2025 Is Filed Against The Levy Of Penalty U/S 271)1)(C) Of The Income Tax Act, 1961 (The “Act”). For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. Briefly Stated, The Facts Of The Case Are That For Ay 2015-16, The Assessee Did Not File Its Return Of Income. Based On The Information Available With The Department, It Was Found That The Assessee Has Made Transactions Of Tds Return Payment To Contractor (Section 194C) Of Rs.4,29,67,200/- During Ay 2015-16 Which Has Not Been Reported Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus

For Appellant: Shri Pramod S ShingteFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 194CSection 271