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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

ACIT, Circle-7(1), Kolkata vs. Sawansukha Jewellers Private Limited, Kolkata

In the result, CO of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1615/KOL/2024[2018-2019]Status: DisposedITAT Kolkata17 Mar 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, Chowringhee Square, 4Th Floor, 9, Camac Street, Vs. Kolkata-700069, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aafcs2477R Co No. 32/Kol/2024 (Airing Out Of The Ita No. 1615/Kol/2024 For A.Y. 2018-19) Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, 4Th Floor, 9, Camac Street, Chowringhee Square, Vs. Kolkata-700017, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Akkal Dudhwewala, Ar Revenue By : Shri Kapil Mondal, Dr Date Of Hearing: 03.03.2025 Date Of Pronouncement : 17.03.2025

For Appellant: Shri Akkal Dudhwewala, ARFor Respondent: Shri Kapil Mondal, DR
Section 133(6)Section 142(1)Section 143Section 143(3)Section 148

Based on information flagged by the Directorate of Income Tax (Systems) and the risk management strategy of the CBDT, a notice under section 148 was issued on 31.03.2022. It was revealed that the assessee engaged in purchase transactions with two parties, Tanman Jewels Pvt. Ltd. and Saffron Gems ... totaling Rs 2,20,05,564/-. These transactions were flagged as potentially non-genuine. The assessee complied with the notice under section 148 by filing the return of income. Subsequent notices under sections 143(2) and 142(1) were issued, and the assessee responded accordingly. Investigation by the Income

M/S. Indivar Marketing Pvt. Ltd., Kolkata vs. I.T.O., Ward - 14(1), Kolkata

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

ITA 1213/KOL/2024[2018-2019]Status: DisposedITAT Kolkata17 Mar 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1213/Kol/2024 Assessment Year: 2018-2019 Indivar Marketing Private Limited,…....……Appellant 8, Lake Town, Block-‘B’, Nikita Tower, Kolkata-700089 [Pan:Aacci8193B] -Vs.- Income Tax Officer,……………………………....Respondent Ward-14(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: January 21, 2025 Date Of Pronouncing The Order: March 17, 2025 O R D E R

Section 115BSection 142Section 143(2)Section 148Section 148ASection 68

shares. Notice under section 148A(b) of the Act was issued to the assessee on 21.03.2022 providing an opportunity and asking why the notice under section 148 of the Act should not be issued. The assessee-Company furnished its reply on 23.02.2022 wherein the assessee has claimed that the above ... sale of shares, but the assessee-Company has not produced any details of shares. Therefore, the ld. Assessing Officer initiated proceedings and issued notice under section 148 of the Act. In response to the notice issued under section 148, the assessee has filed the return of income for the assessment