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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

Shanker Enterprises, Kanpur vs. DCIT-2, Kanpur

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 221/LKW/2025[2012-13]Status: DisposedITAT Lucknow30 Jun 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2012-13 Shanker Enterprises V. The Dcit-2 Panki Industrial Area Kanpur Site-1, Kanpur Tan/Pan:Abffs2369Q (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Shri Amit Kumar, D.R. Date Of Hearing: 09 06 2025 Date Of Pronouncement: 30 06 2025 O R D E R

For Appellant: Shri Swaran Singh, C.AFor Respondent: Shri Amit Kumar, D.R
Section 142(1)Section 143(3)Section 147Section 147oSection 153CSection 271(1)(c)

facts in sustaining the impugned assessment order ignoring the fact that the Pr.CIT-1, Kanpur has given mechanical approval/satisfaction for issue of notice under section 148 of the Income Tax Act, 1961 and such satisfaction cannot be said to be in accordance with section 151 of the Income

Muhammad Zameer Qureshi, Bareilly vs. Pr. CIT, Bareilly

The appeal of the assessee stands allowed

ITA 344/LKW/2024[2014-15]Status: DisposedITAT Lucknow30 Jun 2025AY 2014-15

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2014-15 Shri Muhammad Zameer Qureshi V. The Pcit 180, Azam Nagar Bareilly Bareilly Tan/Pan:Aacpz6783H (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Neeraj Kumar, Cit(Dr) O R D E R

For Appellant: Shri P. K. Kapoor, C.AFor Respondent: Shri Neeraj Kumar, CIT(DR)
Section 139(4)Section 144BSection 147Section 148Section 263Section 69

maintained with Yes Bank Limited. The Assessing Officer (AO) reopened the case of the assessee under section 147 of the Act after issuing notice under section 148 of the Act. In response to notice under section 148 of the Act, the assessee filed return of income, declaring total income

Harcharan Singh, Kanpur vs. Income Tax Officer-2(5), Kanpur

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

ITA 201/LKW/2022[2013-14]Status: DisposedITAT Lucknow30 Jun 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.201/Lkw/2022 ननिाारण वर्ा/ Assessment Year: 2013-14 Harcharan Singh V. Ito-2(5) 118/208, Kaushalpuri, Kanpur- Kanpur 208012. Pan:Anxps2189N अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: None प्रत्यर्थी कक और से /Respondent By: Shri Deepak Yadav, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 10 06 2025 घोर्णा कक तारीख/ Date Of 30 06 2025 Pronouncement: आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri Deepak Yadav, CIT(DR)
Section 143(2)Section 143(3)Section 147Section 148Section 50C

consideration of such fact, the assessment order dated 28.12.2018 is liable to be annulled; 2. proceedings under section 147 (by issue of notice under section 148) cannot be said to have been validly initiated, as the “reasons recorded” and other background material, on which such “reasons recorded” had been founded

M/S. Barrows Blue Bells School, Baharaich vs. The I.T.O. (E), Lucknow

Accordingly, the same are being dismissed as having become academic in nature

ITA 362/LKW/2020[2014-15]Status: DisposedITAT Lucknow30 Jun 2025AY 2014-15

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Amit Singh Chauhan, D.R
Section 10Section 11Section 12ASection 147Section 148

under section 147 of the Income-tax Act, ITA No.360, 361 & 362/LKW/2020 Page 2 of 24 1961 (hereinafter called “the Act’) after issuing notice under section 148 of the Act. In response notice under section 148 of the Act, the assessee filed a reply stating that the return filed ... declaring Nil income, be treated as return filed in response to notice under section 148 of the Act. The Assessing Officer (AO) also issued statutory notices, requiring the assessee to furnish requisite details. After considering the replies furnished by the assessee and the material produced before him, the AO disallowed

M/S. Barrows Blue Bells School, Baharaich vs. The I.T.O. (E), Lucknow

Accordingly, the same are being dismissed as having become academic in nature

ITA 361/LKW/2020[2011-12]Status: DisposedITAT Lucknow30 Jun 2025AY 2011-12

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Amit Singh Chauhan, D.R
Section 10Section 11Section 12ASection 147Section 148

under section 147 of the Income-tax Act, ITA No.360, 361 & 362/LKW/2020 Page 2 of 24 1961 (hereinafter called “the Act’) after issuing notice under section 148 of the Act. In response notice under section 148 of the Act, the assessee filed a reply stating that the return filed ... declaring Nil income, be treated as return filed in response to notice under section 148 of the Act. The Assessing Officer (AO) also issued statutory notices, requiring the assessee to furnish requisite details. After considering the replies furnished by the assessee and the material produced before him, the AO disallowed

M/S. Barrows Blue Bells School, Baharaich vs. The I.T.O. (E), Lucknow

ITA 360/LKW/2020[2010-11]Status: DisposedITAT Lucknow30 Jun 2025AY 2010-11

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Respondent byFor Respondent: Shri Rakesh Garg, Advocate
Section 10Section 11Section 12ASection 147Section 148

declaring Nil income. The case was re-opened under Section 147 of the Income-tax Act, 1961 (hereinafter called “the Act') after issuing notice under Section 148 of the Act. In response notice under Section 148 of the Act, the assessee filed a reply stating that the return filed ... declaring Nil income, be treated as return filed in response to notice under Section 148 of the Act. The Assessing Officer (AO) also issued statutory notices, requiring the assessee to furnish requisite details. After considering the replies furnished by the assessee and the material produced before him, the AO disallowed

Ram Singh, District Kaithal, Haryana vs. Income Tax Officer, Ward-1, Kaithal, Income Tax Office, Ambala Road

The appeal of the assessee is dismissed

ITA 920/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh30 Jun 2025AY 2012-13

Bench: The Appeal Is Finally Heard Or Disposed Of.

For Appellant: Shri Nikhil Goyal, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 234ASection 69

order passed by Ld. AO under section 147 of the Act. 2. That the initiation of assessment proceedings by issuing notice under section 148 is bad in law and liable to be quashed. 3. That the Ld. CIT(A) has erred in upholding the reopening as it is based

Kushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt, Anand vs. The ACIT (OSD), Ward-5, Anand

In the result, the appeal filed by the Assessee is allowed

ITA 752/AHD/2025[2011-12]Status: DisposedITAT Ahmedabad30 Jun 2025AY 2011-12
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 159(2)(b)

provisions of Section 292BB does not apply to legal heirs who have not participated in the reassessment proceedings. Furthermore, since no valid notice under Section 148 was issued to the legal heir within the limitation period u/s.149(1)(b) of the Act, the proceedings are time-barred. Therefore, the reassessment ... proceedings, it could not be construed that petitioner had participated in proceedings and, therefore, provisions of Section 292B would not be attracted and notice under Section 148 was to be treated as invalid by observing as follows: “... 18. The question that therefore arises for consideration is whether the notice under

Late Vamanrao Ramalingam Arcot L/R by Sangeetha Vamanrao, Hyderabad vs. ITO., Ward-13(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 584/HYD/2025[2014-2015]Status: DisposedITAT Hyderabad30 Jun 2025AY 2014-2015

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.584/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Vamanrao Ramalingam Vs. Income Tax Officer Arcot L/R By Smt. Sangeetha Ward 13 (1) Vamanrao, Hyderabad Hyderabad Pan:Aclpa4148G (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.A A.V. Saisudha राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 25/06/2025 घोषणा की तारीख/Pronouncement: 30/06/2025 आदेश/Order

For Appellant: C.A A.V. SaisudhaFor Respondent: : Dr. Sachin Kumar, DR
Section 147Section 148Section 148ASection 151

still in existence, and the Revenue could not have ignored the application of TOLA and its notifications. Therefore, for issuing a reassessment notice under section 148 after 1 April 2021, the Revenue would still have to look at: (i) the time limit specified under section 149 of the new regime ... year. Thus, non-compliance by the assessing officer with the strict time limits prescribed under section 151 affects their jurisdiction to issue a notice under section 148.” 9. Thus, the approval was required to be taken from the specified authority as per the new provisions of section

Peaceful Agencies Private Limited (Now Merged With Nirmiti Realties Private Limited), Nagpur vs. ITO, Ward 10(1), Kolkata

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

ITA 868/KOL/2025[2012-2013]Status: DisposedITAT Kolkata30 Jun 2025AY 2012-2013

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(1)Section 144Section 147Section 148Section 154Section 250Section 68

existent entity is invalid, and void ab-initio. 7) That the Assessing officer erred in assuming jurisdiction for reassessment without properly serving the notice under Section 148 on the assessee. 8) That the assessee craves to leave, add, alter or amend any of the grounds on or before the time ... that the assessee’s income chargeable to tax had escaped assessment, therefore, the proceedings for assessment under section 147 were initiated and a notice under section 148 was issued after taking the requisite approval. There was no compliance in respect of the notice issued and, therefore, the assessment order

M/S. Rkr Graphite Private Limited, Kolkata vs. ITO Ward 12(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 64/KOL/2025[2014-15]Status: DisposedITAT Kolkata30 Jun 2025AY 2014-15

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 143(2)Section 148Section 148ASection 68

64/Kol/2025 Assessment Year: 2014-15 M/s RKR Graphite Pvt. Ltd. Petitioner in this writ petition is aggrieved by the issuance of impugned notice under section 148 of the Income Tax Act, 1961 on the grounds that the same is barred by limitation and that the respondent-income tax authority concerned ... before issuing the impugned notices under section 148 of the 1961 Act, has not observed the statutory formalities under section 148A of the 1961 Act as prescribed by the Finance Act, 2021 which are applicable with effect from 1st April 2021 before issuance of notices under section 148

Satish Kumar Birdika, Kolkata vs. I.T.O., Ward - 49(1), Kolkata

In the result, the appeal filed by the Assessee is hereby allowed

ITA 1359/KOL/2024[2017-2018]Status: DisposedITAT Kolkata30 Jun 2025AY 2017-2018

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 148Section 148ASection 151Section 151(1)Section 151(2)Section 68

assessments. The provision imposes a responsibility on the Revenue to ensure that it obtains the sanction of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assesses from harassment resulting from the mechanical reopening of assessments Sri krishna ... year. Thus, non-compliance by the assessing officer with the strict time limits prescribed under section 151 affects their jurisdiction to issue a notice under section 148. 77. Parliament enacted TOLA to ensure that the interests of the Revenue are not defeated because the assessing officer could not comply with

K.K.Chinnaputhur Paccs, Tiruppur vs. ITO, Ward-2(4), Tiruppur

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 829/CHNY/2025[2016-17]Status: DisposedITAT Chennai30 Jun 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.828 & 829/Chny/2025 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 K.K. Chinnaputhur Primary Agricultural Vs. The Income Tax Officer, Co-Operative Credit Society, 52/37A, Ward 2(4), Reddipalayam, Chinnapudhur Post, Tiruppur. Dharapuram, Tiruppur 638 656. [Pan:Aabak3665K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Dated 29.08.2024 & 18.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 20015-16 & 2016-17 Respectively.

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 143(2)Section 147Section 148Section 3Section 69ASection 80PSection 80P(2)

return of income for AY 2015-16 under section 3 I.T.A. Nos.828 & 829/Chny/25 139(1) of the Act. Thus, the Assessing Officer issued notice under section 148 of the Act dated 25.03.2021 requiring the assessee to file return of income. The assessee filed e-return on 28.04.2021 declaring total income ... however, the return was not marked as filed in response to notice under section 148 of the Act and thus, the Assessing Officer held the return is invalid and thereby, notice under section 143(2) of the Act could not be generated. Thereafter, the Assessing Officer issued notice under section

K.K. Chinnaputhur Paccs, Tiruppur vs. ITO, Ward-2(4), Tiruppur

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 828/CHNY/2025[2015-16]Status: DisposedITAT Chennai30 Jun 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.828 & 829/Chny/2025 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 K.K. Chinnaputhur Primary Agricultural Vs. The Income Tax Officer, Co-Operative Credit Society, 52/37A, Ward 2(4), Reddipalayam, Chinnapudhur Post, Tiruppur. Dharapuram, Tiruppur 638 656. [Pan:Aabak3665K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Dated 29.08.2024 & 18.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 20015-16 & 2016-17 Respectively.

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 143(2)Section 147Section 148Section 3Section 69ASection 80PSection 80P(2)

return of income for AY 2015-16 under section 3 I.T.A. Nos.828 & 829/Chny/25 139(1) of the Act. Thus, the Assessing Officer issued notice under section 148 of the Act dated 25.03.2021 requiring the assessee to file return of income. The assessee filed e-return on 28.04.2021 declaring total income ... however, the return was not marked as filed in response to notice under section 148 of the Act and thus, the Assessing Officer held the return is invalid and thereby, notice under section 143(2) of the Act could not be generated. Thereafter, the Assessing Officer issued notice under section

M/S. Parvesh Construction Pvt Ltd, Mumbai vs. DCIT 8(2)(1), Mumbai

In the result, both the appeal of the assessee is allowed

ITA 2714/MUM/2025[2011-12]Status: DisposedITAT Mumbai30 Jun 2025AY 2011-12

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Respondent: Mr. Nishit Gandhi
Section 147Section 148Section 14ASection 56(2)(viib)Section 68

share. Based on this information, the Assessing Officer recorded reasons to believe that income had escaped assessment, and accordingly issued notice under Section 148 of the Act for reopening the assessment. 3.2 In response thereto, the assessee, vide letter dated 16.04.2015, submitted that the return of income originally filed ... treated as having been filed in response to the notice under Section 148 of the Act. Thereafter, the Assessing Officer issued requisite statutory notices under the Act and, upon completion of the reassessment proceedings in accordance with law, passed an order on 30.03.2016 making additions under Section

Parshwa Investment, Mumbai vs. Deputy Commissioner of Income Tax Central Circle 7(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1429/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Jun 2025AY 2018-19

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2018-19 Parshwa Investment Deputy Commissioner Of B-602, Klassic Gold Hotel, Off Cg Income Tax, Central Circle-7(1) Road, Navrangpura, Ahmedabad, Vs. Room No. 803, 8Th Floor, Gujrat- 380009 Pratishtha Bhavan, Old Cgo Annexe, M.K.Road, Mumbai, Mumbai- 400020 Pan No. Aatfp 4387 Q Appellant Respondent

For Appellant: Mr. Suchek AnchaliyaFor Respondent: Mr. R. A. Dhyani, CIT-DR
Section 143(1)Section 147Section 148Section 148ASection 151Section 151ASection 153CSection 68Section 69C

153C is Improper. In view of the above legal and factual matrix, the assumption of jurisdiction under Section 147 by the issuance of notice under Section 148 dated 30.03.2019 is invalid and without legal sanction. Consequently, the reassessment proceedings, and the resultant additions made therein, are liable to be quashed ... admit of an alternative pathway where the pre-conditions of Section 153C are satisfied. Consequently, the entire reassessment proceedings initiated by issuance of notice under Section 148, culminating in the reassessment order under Section 147, are rendered void-ab-initio and are liable to be quashed for want of jurisdiction

Balram Chainrai, Mumbai vs. Int Tax Ward 2(1)(1), Mumbai

In the result, the appeal of the revenue bearing ITA No 519/Mum/2025 is dismissed

ITA 1074/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Jun 2025AY 2018-19

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Ravikant S. Pathak, ARFor Respondent: 24.06.2025
Section 143(3)Section 144BSection 147Section 148Section 148ASection 153Section 234BSection 270ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE MS PADMAVATHY S, AM & SHRI RAJ KUMAR CHAUHAN, JM I.T.A

Ashish Ashok Nirkhe, Mumbai vs. Income Tax Officer, Int Tax. Ward 3(3)(1), Mumbai

The appeal of the assessee is allowed

ITA 1005/MUM/2025[2015-16]Status: DisposedITAT Mumbai30 Jun 2025AY 2015-16

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Ms. Ushma Makecha, ARFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(3)Section 148Section 69Section 69A

assessee has purchased immovable property and accordingly the AO initiated re-assessment proceeding. The assessee filed the return of income in response to notice under section 148 of the Act. The assessee also filed the supporting documents such as a copy of purchase agreement, Form 26AS, copy of bank statement

Income Tax Officer, Bandra East, Mumbai vs. Nayan Bipanchandra Shah, Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 3914/MUM/2024[2012-13]Status: DisposedITAT Mumbai30 Jun 2025AY 2012-13

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailito, Ward-34(2)(7), Room No.754, Kautilya Bhavan, Bkc, Bandra (E), Mumbai - 400051 ............... Appellant V/S Nayan Bipinchandra Shah, 16, Municipal Chawl, Parekh Nagar, ……………… Respondent Kandivali West, Mumbai - 400067 Pan : Bfjps5238F Assessee By : Shri Gopal Sharma Revenue By : Shri Bhagirath Ramawat, Sr.Dr

For Appellant: Shri Gopal SharmaFor Respondent: Shri Bhagirath Ramawat, Sr.DR
Section 142(1)Section 147Section 148Section 250Section 68

traded in penny stock scrip of M/s. Nivyah Infrastructure & Telecom Services Ltd., and is one of the beneficiaries of accommodation entrie transaction, notice under section 148 of the Act was issued on 29.03.2019 and proceedings under section 147 of the Act were initiated. Thereafter, statutory notice under section

Hifzur Rehman Ansari, Mumbai vs. ITO 20(1)(5), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 163/MUM/2024[2012-13]Status: DisposedITAT Mumbai30 Jun 2025AY 2012-13

Bench: Om Prakash Kant & Shri Anikesh Banerjeehifzur Rehman Ansari Vs Ito Ward-20(1)(5), Mumbai 1103, Zam Zam Tower Piramal Chambers, Dr Ss Rao Marg, Belvedere Road, Mazgaon, Parel, Mumbai-400 012 Mumbai-400 010 Pan: Aaapa7928F Applicant Respondent

For Appellant: Shri Tanzil PadvekarFor Respondent: Shri Hemanshu Joshi, SR DR
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 56(2)(vii)

individual engaged in business of Civil contracts. The Appellants Return of Income was processed under Section 143(1) of the Act. Subsequently, two Notices under Section 148 was issued on 12/03/2016 & 27/03/2016. Pursuant to Notice 148 of the Act, an Assessment Order under Section 143(3) r.w.s ... part of reasons recorded shall be bad in law, if the addition made on the issue for which the reasons were recorded and notice under Section 148 was issued is deleted by this Hon'ble Court on merits of the case. On the facts and in law, the Ld. Assessing