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“notice under section 148”

ReassessmentSection 148Section 1487,377 judgments

The decision most relied on for notice under section 148 is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on notice under section 148

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

Union of India v. Rajeev Bansal
469 ITR 46 · 2024 · Supreme Court
713
citing judgments

The legal fiction created by the Ashish Agarwal judgment stops the limitation clock for Section 148 notices from the date of the deemed notice. Orders issued without proper jurisdiction, or those inconsistent with statutory prescriptions, are a nullity, and there can be no waiver of such fundamental jurisdictional requirements.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

Tin Box Company v. CIT
249 ITR 216 · 2001 · Supreme Court
624
citing judgments

When an issue is remitted to the Assessing Officer for fresh adjudication, the AO must conduct a de novo examination and provide the assessee a full opportunity of being heard. The assessee is bound to comply with the notices issued by the AO.

Judgments citing notice under section 148

Samatham Gangadhara Rao, Bhimavaram vs. Income Tax Officer, Ward-1, Bhimavaram

In the result, appeal of the assessee is allowed

ITA 320/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam28 Aug 2025AY 2015-16

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.320/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2015-16) Samatham Gangadhara Rao V. Income Tax Officer – Ward – 1 D.No. 19-22-5/3 Income Tax Office Sunkara Brahmaiah Nagar, J.P. Road, Sivaraopet Sbi Colony Bhimavaram – 534201 Andhra Pradesh Bhimavaram – 534201 [Pan:Amyps7071D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt A. Aruna, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr.Aparna Villuri, Sr.Ar

Section 143(2)Section 147Section 148Section 148ASection 149(1)(b)Section 151ASection 69A

additional grounds since it goes to the root of the matter. 7. At the outset, Ld. Authorised Representative [hereinafter “Ld.AR”] submitted that notice under section 148 of the Act for the A.Y.2015-16 was Page. No 3 I.T.A.No.320/VIZ/2025 Samatham Gangadhara Rao issued on 19.04.2022 without following the procedure prescribed ... provision inserted on 01.04.2021. She also submitted that notice under section 148 of the Act dated 19.04.2022 is barred by limitation as per the first proviso to section 149(1)(b) of the Act w.e.f 01.04.2021. Ld.AR pleaded that the legal ground raised by the assessee as above, shall first

Ananda Gorakhanath Pawar, Satara vs. Assessing Officer, Ward 3, Satara

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

ITA 1796/PUN/2025[2018-19]Status: DisposedITAT Pune28 Aug 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1796/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Ananda Gorakhanath Pawar, Vs. Ito, Ward-3, Satara. At Post Ambawade, Khatav, Satara- 415506. Pan : Blhpp6081R Appellant Respondent Assessee By Shri R. C. Doshi : Revenue By : Shri Milind Debaje Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.06.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Filed The Following Grounds Of Appeal :- “1. The Learned Cit Has Erred Both On Facts & In Law In Dismissing The Appeal Of The Appellant By Refusing To Condone The Delay Of 26 Days On Grounds Of Period Of Limitation, Notwithstanding The Fact That Appellant Has Submitted The Application & Explained The Reasons For Delay.

For Respondent: Shri Milind Debaje
Section 143(2)Section 144BSection 147Section 148Section 148ASection 151ASection 184ASection 4

information suggesting escapement of income chargeable to tax. This is in violation of 1st provision to section 148 of Act and the notice under section 148 and the order under section 148A(d) & 147 r.w.s. 144 of ITA, 1961 are bad in law, illegal and not tenable. Appellant prays your ... unexplained income and accordingly should be taxed. Basis this, the order under section 148A was passed dated 30 July 2022 along with notice under section 148 was issued on 30 July 2022. Further in response to notice under section 148, the Appellant filed its return of income on 06 March

Income Tax Officer, Ward-1(1), Kolhapur vs. Ajara Merchants Co-Op. Credit Society Ltd., Ajara

In the result, the appeal filed by the Revenue in ITA

ITA 1693/PUN/2024[2015-16]Status: DisposedITAT Pune28 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

For Appellant: Shri Pramod S. Shingte
Section 142(1)Section 147Section 148Section 271FSection 69

facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) erred in not appreciating the fact that the notice under section 148 for initiating proceedings of reopening has been issued only after following due procedure and granting sufficient opportunity to the assessee for presenting ... matter. 2. On the facts and the circumstances of the case and in law, the Ld.CIT(A) erred in holding the notice under section 148 invalid by stating that a person's income cannot be taxed twice on the basis of technicality but ignoring the fact that the notice itself

Income Tax Officer, Ward-1(1), Kolhapur vs. Ajara Merchants Co-Op. Credit Society Ltd., Ajara, Kolhapur

In the result, the appeal filed by the Revenue in ITA

ITA 1138/PUN/2024[2015-16]Status: DisposedITAT Pune28 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

For Appellant: Shri Pramod S. Shingte
Section 142(1)Section 147Section 148Section 271FSection 69

facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) erred in not appreciating the fact that the notice under section 148 for initiating proceedings of reopening has been issued only after following due procedure and granting sufficient opportunity to the assessee for presenting ... matter. 2. On the facts and the circumstances of the case and in law, the Ld.CIT(A) erred in holding the notice under section 148 invalid by stating that a person's income cannot be taxed twice on the basis of technicality but ignoring the fact that the notice itself