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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

Revathikumar Sudha, Chennai vs. ACIT, Ncw-19(1, Chennai

In the result the appeals of the assessee in ITA No

ITA 304/CHNY/2025[2015-16]Status: DisposedITAT Chennai17 Apr 2025AY 2015-16

Bench: Shri George George K., Vice- & Shri S.R. Raghunathaआयकर अपीलसं./Ita Nos.: 304 & 305/Chny/2025 िनधा"रण वष" / Assessment Year: 2015-16 Revathikumar Sudha, Vs. The Assistant Commissioner Of 29, 3Rd Main Road, Thilaiganga Income Tax, Nagar, Chennai 600 061. Non Corporate Ward –19(1), Chennai. [Pan: Aztps-8926-R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri A. Sasi Kumar, Cit सुनवाई की तारीख/ Date Of Hearing 19.03.2025 : घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S. R. Raghunatha: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Under Section 250 Of The Income Tax Act, 1961 [“Act” In Short] Both Dated 12.12.2024 Pertains To The Assessment Year 2015-16 Towards Quantum Addition As Well As Penalty Levied Under Section 271(1)(C) Of The Act.

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri A. Sasi Kumar, CIT
Section 142(1)Section 143(3)Section 144Section 147Section 148Section 194ISection 250Section 271(1)(c)Section 56

purchase consideration of immovable property chargeable to tax has escaped assessment, proceedings under section 147 of the Act was initiated by issuing notice under section 148 of the Act. However, the assessee did :-3-: ITA. Nos: 304 & 305/Chny/2025 not file his return of income against the notice under section 148

Income Tax Officer -42(1)(3), Mumbai, Kautilya Bhavan, Bkc, Bandra vs. Krishna Deep Builders, Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

ITA 6240/MUM/2024[2017-18]Status: DisposedITAT Mumbai17 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am Krishna Deep Builders Ito Ward – 42(1)(3) B/203, 2Nd Floor, Goyal Shopping Arcade, Room No. 715, Kautilya Bhavan, C- Opp. Railway Station, S. V. Road, Vs. 41 To C-43, G Block, Bandra Kurla Borivali, West, Mumbai – 400092. Complex, Bandra (East), Mumbai – 400051. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) Ito Ward – 42(1)(3) Krishna Deep Builders Room No. 715, Kautilya Bhavan, C-41 To B/203, 2Nd Floor, Goyal Shopping C-43, G Block, Bandra Kurla Complex, Vs. Arcade, Opp. Railway Station, S. V. Bandra (East), Mumbai – 400051. Road, Borivali, West, Mumbai – 400092. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) : Shri. Ajay Singh Assessee By Respondent By : Shri. Hemanshu Joshi (Sr. Dr) Date Of Hearing : 20.01.2025 Date Of Pronouncement : 17.04.2025 O R D E R Per Kavitha Rajagopal, J M: These Are Cross Appeals Filed By The Revenue & The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The

For Respondent: Shri. Hemanshu Joshi (Sr. DR)
Section 144Section 147Section 148Section 148ASection 250Section 56(2)Section 56(2)(vi)Section 56(2)(vii)Section 69Section 69A

under the provision of Section 149(1)(b) of the Act, which provision is cited hereinunder for ease of reference: “149. (1) No notice under section 148 shall be issued for the relevant assessment year,— [(b) if three years, but not more than ten years, have elapsed from

Krishna Deep Builders, Mumbai vs. Income Tax Officer Ward-42(1)(3), Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

ITA 5768/MUM/2024[2017-18]Status: DisposedITAT Mumbai17 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am Krishna Deep Builders Ito Ward – 42(1)(3) B/203, 2Nd Floor, Goyal Shopping Arcade, Room No. 715, Kautilya Bhavan, C- Opp. Railway Station, S. V. Road, Vs. 41 To C-43, G Block, Bandra Kurla Borivali, West, Mumbai – 400092. Complex, Bandra (East), Mumbai – 400051. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) Ito Ward – 42(1)(3) Krishna Deep Builders Room No. 715, Kautilya Bhavan, C-41 To B/203, 2Nd Floor, Goyal Shopping C-43, G Block, Bandra Kurla Complex, Vs. Arcade, Opp. Railway Station, S. V. Bandra (East), Mumbai – 400051. Road, Borivali, West, Mumbai – 400092. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) : Shri. Ajay Singh Assessee By Respondent By : Shri. Hemanshu Joshi (Sr. Dr) Date Of Hearing : 20.01.2025 Date Of Pronouncement : 17.04.2025 O R D E R Per Kavitha Rajagopal, J M: These Are Cross Appeals Filed By The Revenue & The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The

For Respondent: Shri. Hemanshu Joshi (Sr. DR)
Section 144Section 147Section 148Section 148ASection 250Section 56(2)Section 56(2)(vi)Section 56(2)(vii)Section 69Section 69A

under the provision of Section 149(1)(b) of the Act, which provision is cited hereinunder for ease of reference: “149. (1) No notice under section 148 shall be issued for the relevant assessment year,— [(b) if three years, but not more than ten years, have elapsed from

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 448/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh16 Apr 2025AY 2014-15

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16 Vs Pcitchandigarh 1, Chandigarh Indo Pacific Finlease Ltd., Sco-98-99, Sector 34 Sub City Centre, Chandigarh 160002 स्थायीलेखासं./Panno. Aaaci2176E अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Sh. Ashok Goel, C.A. Revenue By : Sh.Rohit Sharma, Cit-D.R. Date Of Hearing :19.03.2025 Date Of Pronouncement ;16/04/2025 Physical Hearing Order Per Laliet Kumar, J.M.: Both The Appeals Are Being Filed By The Assessee, Feeling Aggrieved By The Order Passed By The Ld. Pr. Commissioner Of Income Tax, Chandigarh-1 Dated 28.03.2024& 23.03.2024 U/S 263 For The Assessment Years: 2014-15& 2015-16. 2. The Assessee Has Raised The Common Grounds Of Appeal In Ita Nos.448 & 449/Chd/2024 As Under:

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R
Section 147Section 148Section 203(1)Section 263

Filing Anyhoro Anytime Income Tax Department Government of India Notice/Letter pdf Notices Communication Reference ID 100033657678 Date From CC CHANDIGARH.ITO5.5@INCOMETAX.GOV.IN Subject [ITBA] Notice under section 148 of the Income Tax Act, 1961 To ashokgoelpatiala@gmail.com Dear INDO PACIFIC FINLEASE LTD, Please find attached the Notice u/s 148 for PAN AAACI2176E ... Filing Anyhoro Anytime Income Tax Department Government of India Notice/Letter pdf Notices Communication Reference ID 100033657678 Date From CC CHANDIGARH.ITO5.5@INCOMETAX.GOV.IN Subject [ITBA] Notice under section 148 of the Income Tax Act, 1961 To ashokgoelpatiala@gmail.com Dear INDO PACIFIC FINLEASE LTD, Please find attached the Notice u/s 148 for PAN AAACI2176E

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

except cryptically repeating the language of proviso to section 147 @pg 160 (refer second last para) observing as under: The notice under section 148 of LT Act, 1961 has been issued after taking into consideration the fact of the case that the assessee has failed to disclose fully and truly ... under section 151 has not been communicated to the assessee along with reasons recorded nor is there any reference in the notice under section 148 of the Act regarding any sanction BSES Rajdhani Power Ltd. & Ors vs. ACIT being obtained; be that as it may, the sanction

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

except cryptically repeating the language of proviso to section 147 @pg 160 (refer second last para) observing as under: The notice under section 148 of LT Act, 1961 has been issued after taking into consideration the fact of the case that the assessee has failed to disclose fully and truly ... under section 151 has not been communicated to the assessee along with reasons recorded nor is there any reference in the notice under section 148 of the Act regarding any sanction BSES Rajdhani Power Ltd. & Ors vs. ACIT being obtained; be that as it may, the sanction