← All Phrases

“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

Income Tax Officer, Hosur vs. Narayanaswamy, Hosur

ITA 822/CHNY/2025[2018-19]Status: DisposedITAT Chennai20 Aug 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.822/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 The Income Tax Officer, Vs. Narayanaswamy, Ward 1, D.No. 3/569, Subbagiri, Kamandoddi Hosur. Post, Hosur 635 130. [Pan:Bhxpn8717L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Gouthami Manivasagam, Jcit ""थ" की ओर से/Respondent By : Shri K. Prasanna, C.A. सुनवाई की तारीख/ Date Of Hearing : 22.07.2025 घोषणा की तारीख /Date Of Pronouncement : 20.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 03.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. The Appellant-Revenue Raised 4 Grounds Of Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In 2

For Appellant: Ms. Gouthami Manivasagam, JCITFor Respondent: Shri K. Prasanna, C.A
Section 148Section 271D

share of ₹.17,52,250/-. Since the assessee has not filed return of income for AY 2018-19, the Assessing Officer issued notice under section 148 of the Act. In response, the assessee filed return of income on 14.10.2022 declaring total income of ₹.2,42,850/-. Thereafter, the Assessing Officer

Narayanan, Chromepet vs. Income Tax Officer, Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 695/CHNY/2025[2018-2019]Status: DisposedITAT Chennai20 Aug 2025AY 2018-2019

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.695/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Narayanan, Vs. The Income Tax Officer, F-1, 37/60, Guru Balaji Apts, International Taxation Ward 2(1), First Main Road, New Colony, Chennai. Chromepet, Chennai 600 044. [Pan:Ackpn6481A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 24.07.2025 घोषणा की तारीख /Date Of Pronouncement : 20.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 06.01.2025 Passed By The Income Tax Officer, International Taxation Ward 2(1), Chennai Under Section 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 [“Act” In Short] For The Assessment Year 2018-19. 2. When The Appeal Was Taken Up For Hearing On 24.07.2025, We Find No Representation On Behalf Of The Assessee. However, We Find Paper

For Appellant: NoneFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 142(1)Section 143(2)Section 144C(1)Section 147Section 148Section 69

also earned interest income of ₹.35,013/- during the FY 2017-18. Accordingly, the Assessing Officer issued notice under section 148 of the Act on 04.04.2022. In response to the notice, the assessee filed return of income under section 148 of the Act with a returned income

Income Tax Officer, Non Corporate Ward-3(1) Cbe, Coimbatore vs. Ksk Cold Storage, Mettupalayam

In the result, the appeal filed by the Revenue is dismissed

ITA 3330/CHNY/2024[2017-18]Status: DisposedITAT Chennai20 Aug 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपीलसं./I.T.A.No.3330/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 The Income Tax Officer, Vs. Ksk Cold Storage, Non Corporate Ward 3(1), 685, Jadayampalayam Village, Coimbatore. Mettupalayam, Coimbatore 641 301. [Pan:Aarfk3964G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Shiva Srinivas, Cit ""थ" की ओरसे/Respondent By None : सुनवाई की तारीख/Date Of Hearing : 30.07.2025 घोषणा की तारीख /Date Of Pronouncement : 20.08.2025 आदेश /O R D E R Pers.S. Viswanethra Ravi: This Appeal Filed By The Appellant-Revenue Is Directed Against The Order Dated 28.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. When The Appeal Was Taken Up For Hearing On 30.07.2025, We Find No Representation On Behalf Of The Assessee. Further, The Notice Issued By This Tribunal To The Assessee Returned Unserved With An Endorsement “No Such Person In This Address”. Therefore, The Assessee Is Called Absent & Set Exparte & We Proceed To Decide The Appeal On Merits After Hearing The Ld. Dr Basing On The Material Available On Record.

For Appellant: Shri Shiva Srinivas, CIT
Section 147Section 148Section 68Section 69

assessee did not file income tax return for the assessment year under consideration. Accordingly, after following due procedure, the Assessing Officer issued notice under section 148 of the Income Tax Act, 1961 [“Act” in short]. In the absence of any replies or submissions supported with credible documentary evidence, the Assessing