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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

Nithya Govindarajan, Coimbatore vs. ITO, Non Corp Ward 1 (3), Coimbatore

In the result, the appeal of the assessee is allowed

ITA 2805/CHNY/2025[2012-13]Status: DisposedITAT Chennai25 Feb 2026AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2805/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Nithya Govindarajan, Vs. The Income Tax Officer, No. 3, Father Randy Street, Non Corporate Ward 1(3), R.S. Puram, Coimbatore 641 002. Coimbatore. [Pan:Adhpg7623H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K.R.S. Janakiraman (Assessee’S Husband) ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 14.01.2026 घोषणा की तारीख /Date Of Pronouncement : 25.02.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.08.2025 Passed By The Addl/Jcit(A) - 3, Mumbai For The Assessment Year 2012-13. 2. At The Outset, We Note That The Assessing Officer Issued Notice Dated 20.03.2018 Under Section 148 Of The Income Tax Act, 1961 [“Act” In Short], In Response To The Same, The Assessee Filed Return Of Income On 17.10.2018. The Assessing Officer Completed The Reassessment Vide His

For Appellant: Shri K.R.S. Janakiraman (assessee’s husband)For Respondent: Ms. R. Anita, Addl. CIT
Section 147Section 148Section 153Section 153(2)Section 2

have been passed within nine months from the end of financial year in which the 148 notice was served. The Assessing Officer served notice under section 148 of the Act on the assessee on 20.03.2018, which is evident from para 1.1 at page number 1 of the assessment order ... made under section 147 of the Act after the expiry of nine months from the end of the financial year in which the notice under section 148 of the Act was served. In the present case, the Assessing Officer clearly stated that the notice under section 148