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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

Vaishali Keshav Kulkarni, Pune vs. ITO Ward 13(2), Pune

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

ITA 540/PUN/2025[2015-16]Status: DisposedITAT Pune28 May 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.540/Pun/2025 निर्धारण वर्ष / Assessment Year: 2015-16 Vaishali Keshav Kulkarni, Flat No.3, Hermes Grandstand Society, Kavade Maal Sopan Baug, Pune Cantt East So., Pune 411001. Pan: Atjpk4884A Appellant/ Assessee V The Income Tax Officer, S Ward-13(2), Pune. Respondent / Revenue Assessee By Shri Kartik Natrajan – Ca/Ar Revenue By Shri Harish Bist – Addl.Cit(Dr) Date Of Hearing 03/04/2025 Date Of Pronouncement 28/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 13.12.2024 For Assessment Year 2015-16 Emanating From Assessment Order U/S.147 R.W.S 144 Dated 05/03/2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 147Section 148Section 148ASection 149Section 250

erred in upholding the conduct of proceeding under section 148A of the Act and issuance of notice under section 148 of the Act by the Jurisdictional Assessing Officer (JAO) as against the Ld. AO in faceless manner as required by e- Assessment of Income Escaping Assessment Scheme, 2022 and Faceless ... circumstances and in law, the Ld. CIT(A) has erred upholding the conduct of the proceedings under section 148A of the Act, issuing notice under section 148 of the Act by the JAO and passing order by the Ld. AO under section 147 of the Act. The information obtained

Aashiyana Infrastructure Development Private Limited, Faridabad vs. ITO, Ward 1(2), New Delhi

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

ITA 3033/DEL/2024[2012-13]Status: DisposedITAT Delhi28 May 2025AY 2012-13

Bench: Shris.Rifaur Rahmanaashiyana Infrastructure Development Vs. Ito, Ward 1 (2), Private Limited, Delhi. Plot No.830, Near Asian Hospital, Sector 21A, Faridabad – 121 001 (Haryana). (Pan : Aafca2236A) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Sumit Lal Chandani, Advocate Shri Shivam Yadav, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 28.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.04.2024 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2012-13 On 28.09.2012 Declaring Income Of Rs.31,22,410/- Which Was Revised On 21.09.2013 At An Income Of Rs.22,16,310/-. The Case Was Selected For Scrutiny & The Assessment U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 68Section 69C

That in view of the facts and circumstances of the case and in law, the assessment order dated 16.12.2019 passed pursuant to the notice under Section 148 of the Act is illegal, bad in law and without jurisdiction as the reopening in the instant case is only on account