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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

Deputy Commissioner of Income Tax, Circle-1, Bareilly vs. Ms Shree Bhawani Mills, Shahjahanpur

In the result, the appeal of the Department is partly allowed while the Cross

ITA 332/LKW/2023[2017-18]Status: DisposedITAT Lucknow25 Apr 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Deputy Commissioner Of Income Vs. M/S Shree Bhawani Mills, Tax, Circle-1, Bareilly Gandhi Ganj, Shahjahanpur, U.P. Pan:Aadfs8573M (Appellant) (Respondent) & C.O. No.15/Lkw/2023 A.Y. 2017-18 M/S Shree Bhawani Mills, Gandhi Vs. Deputy Commissioner Of Ganj, Shahjahanpur, U.P. Income Tax, Circle-1, Bareilly Pan:Aadfs8573M (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Manu Chaurasia, Cit Dr Date Of Hearing: 12.03.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Passed Under Section 250 Of The Income Tax Act On 7.09.2023 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao On 30.03.2022 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:-

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Manu Chaurasia, CIT DR
Section 144Section 147Section 151Section 250Section 46A

partner Smt. Shakuntla Devi, and not to the appellant firm. Thereafter, it filed another submission where it questioned the validity of the notice under section 148 on the grounds that the notice had not been signed by any authority. It was further submitted that the fact of the entire auction ... that at that point of time, the amendments to the act that provided for seeking the explanation of the assessee before issuance of notice under section 148, had not yet come into play, we see no infirmity in the initiation of the assessment proceedings or the approval given

V Selvaraj and Co, Puducherry vs. Assistant Commissioner of Income Tax, Puducherry

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

ITA 576/CHNY/2025[2018-19]Status: DisposedITAT Chennai25 Apr 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.576/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 V. Selvaraj & Co., Vs. The Assistant Commissioner Of 6, Ii Cross, Ganapathy Nagar, Income Tax, Muthialpet, Puducherry 605 003. Puducherry. [Pan:Aagfv6195F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri M.P. Guru Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. We Find No Representation On Behalf Of The Assessee Or Any Application Filed Seeking Adjournment. The Assessee 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: NoneFor Respondent: Shri M.P. Guru Prasad, Addl. CIT
Section 148Section 68

return of income filed for the assessment year under consideration. Basing on the information available with the Department, the Assessing Officer issued notice under section 148 of the Income Tax Act, 1961 [“Act” in short] and in response to which, the assessee filed return of income declaring a total income

Mr. Anguraju Sengottuvelan, Salem vs. ITO, Ward-1, Salem

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

ITA 567/CHNY/2025[2011-12]Status: HeardITAT Chennai25 Apr 2025AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.567/Chny/2025 िनधा"रण वष"/Assessment Year: 2011-12 Mr. Anguraju Sengottuvelan, Vs. The Income Tax Officer, No. 1, Maruthi Vilas, North Street, Ward 1(3), High School Road, Velur, Salem. Namakkal 638 182. [Pan:Aysps6739A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri M.P. Guru Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2011-12. 2. We Find That This Appeal Is Filed With A Delay Of 210 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: NoneFor Respondent: Shri M.P. Guru Prasad, Addl. CIT
Section 139(1)Section 142(1)Section 143(2)Section 144Section 148Section 69A

also as per TDS statement, the assessee has received ₹.1,59,893/- from the ETA Engineering Private Limited. The Assessing Officer issued notice under section 148 of the Income Tax Act, 1961 [“Act” in short], but no 3 I.T.A. No.567/Chny/25 compliance was made by the assessee in filing the return