Section 142 of the Income Tax Act

Income-tax Act, 2025: s.268

Section 142 of the Income-tax Act, 1961 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 is Well Intertrade (P) Ltd., & Another v. Income Tax Officer (308 ITR 22), cited in 74 of the 279 judgments on BharatTax that turn on this section.

Leading authorities on Section 142

Well Intertrade (P) Ltd., & Another v. Income Tax Officer
308 ITR 22 · 2009 · High Court
74
citing judgments

An assessment cannot be reopened under Section 147 after four years unless the income escaped assessment due to the assessee's failure to disclose fully and truly all material facts. Furthermore, reassessment proceedings cannot be initiated based on a mere change of opinion by the Assessing Officer.

Kvaverner John Brown Engg. (India) P. Ltd. v. ACIT
305 ITR 103 · 2008 · Supreme Court
61
citing judgments

An intimation issued under Section 143(1)(a) cannot make adjustments for debatable issues that require detailed scrutiny, such as the disallowance of delayed employee contributions to ESI/PF. Appellate authorities also have the power to entertain fresh claims made by an assessee, even if these were not raised in the original or revised return of income.

CIT v. Lord Krishna Bank Ltd.
339 ITR 606 · 2011 · High Court
50
citing judgments

For the purpose of identifying a bank's rural branch under Explanation (ia) to Section 36(1)(viia) of the Income-tax Act, the 'place' refers to a revenue village, not a ward of a local authority like a Panchayat or Municipality. A rural branch is located in a village where the population is less than 10,000.

Canyon Financial Services Ltd. v. ITO
399 ITR 202 · 2017 · High Court
50
citing judgments

Proceedings under Section 153C are invalid if the Assessing Officer records a mechanical satisfaction note without proper application of mind, regarding seized material belonging to or pertaining to a person other than the searched person.

M/s. Mahavir Spinning Mills v. CIT
269 ITR 192 · 2004 · High Court
44
citing judgments

Assessment proceedings cannot be re-opened based solely on a change of opinion by the Assessing Officer.

CIT v. Foramer Finance
251 ITR 416 · 2001 · High Court
41
citing judgments

Reopening assessments is permissible after four years if there was an escapement of income due to the assessee's failure to disclose material facts necessary for assessment, even if the initial assessment involved a change of opinion.

CIT v. Gaekwar Foam & Rubber Co. Ltd.
35 ITR 662 · 1959 · High Court
39
citing judgments

A transfer of an industrial undertaking where the ownership changes hands in reality and effectively is not considered a reconstruction. Reconstruction implies the original business continues to function and its identity is preserved.

119 (Gujarat) (HC). 4. Pushpak Bullion (P.) Ltd. v. DCIT
78 Taxmann.com 58 · 2017 · High Court
37
citing judgments

Reassessment proceedings initiated under section 147 require a live link and direct connection between the material that came into the possession of the Assessing Officer subsequently and the belief that income has escaped assessment. Borrowed satisfaction from another officer's belief is not sufficient.

CIT v. Elgi Finance Ltd.
286 ITR 674 · 2006 · High Court
29
citing judgments

Recourse to reassessment under section 147 beyond four years is not permissible if the circumstances for extending the limitation do not exist.

Modi Industries Ltd. v. CIT
216 ITR 759 · 1995 · Supreme Court
25
citing judgments

A tax demand subsists even if the assessment order is set aside, and the date of the original assessment remains the relevant date. This principle clarifies that tax payment methods do not alter the fundamental liability to pay tax based on an assessment order.

Judgments on Section 142

Bhim Sah, Patna vs. ITO, Patna

The appeals of the assessee are allowed for statistical purposes

ITA 674/PAT/2024[2016-17]Status: DisposedITAT Patna31 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.673&674/Pat/2024 Assessment Years: 2015-16 & 2016-17 Bhim Sah.…………………………………………………..………….……Appellant Kumhar Toli, Near Mahavir, Kankerbagh Main Road, Patna, Bihar- 800020. [Pan: Amhps2682M] Vs. Ito, Ward-4(2), Patna……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Shailendra Sinha, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2025 Date Of Pronouncing The Order : January 31, 2025 Order Per Sonjoy Sarma: The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 07.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2015- 16 & 2016-17 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 232 Days In Filing Both The Appeals. The Assessee Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Applications, We Condone The Delay In Both The Appeals. 3. First, We Take Up The Issue In Respect Of Ita No.673/Pat/2022 For Assessment Year 2015-16. Brief Facts Of The Case Are That In The Case Of

Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69A

Bhim Sah, Patna vs. ITO, Patna

The appeals of the assessee are allowed for statistical purposes

ITA 673/PAT/2024[2015-16]Status: DisposedITAT Patna31 Jan 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.673&674/Pat/2024 Assessment Years: 2015-16 & 2016-17 Bhim Sah.…………………………………………………..………….……Appellant Kumhar Toli, Near Mahavir, Kankerbagh Main Road, Patna, Bihar- 800020. [Pan: Amhps2682M] Vs. Ito, Ward-4(2), Patna……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Shailendra Sinha, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2025 Date Of Pronouncing The Order : January 31, 2025 Order Per Sonjoy Sarma: The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 07.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2015- 16 & 2016-17 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 232 Days In Filing Both The Appeals. The Assessee Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Applications, We Condone The Delay In Both The Appeals. 3. First, We Take Up The Issue In Respect Of Ita No.673/Pat/2022 For Assessment Year 2015-16. Brief Facts Of The Case Are That In The Case Of

Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69A