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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

Vishan Chandra Gupta S/O Salig Ram 56-Lajpat Nagar, Karamchari Nagar Bareilly-243001, Bareilly vs. Income Tax Officer, Ward-1(1), Bareilly

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

ITA 173/LKW/2023[2011-12]Status: DisposedITAT Lucknow23 Jan 2025AY 2011-12

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2011-12 Vishan Chandra Gupta V. Income Tax Officer S/O Salig Ram, Ward 1(1) 56, Lajpat Nagar Bareilly Karamchari Marg Bareilly Tan/Pan:Anhpg7000J (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 06 01 2025 Date Of Pronouncement: 23 01 2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 14.03.2023, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2011-12. 2. The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 12.07.2012, Declaring A Total Income Of Rs.3,61,210/-. The Income Tax Department Was In Possession Of Air Information That The Assessee Had Deposited Cash Amounting To Rs.13,90,000/- In His Saving Bank Account During The Financial Year 2010-11 Relevant To The Assessment Year Under Consideration. The Assessing

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 143(2)Section 147Section 148

side of the assessee, the AO initiated proceedings under section 147 of the Income Tax Act, 1961 (hereinafter called “the Act’) by issuing notice under section 148 of the Act. The assessee filed written submission on 04.10.2018, stating therein that the return filed on 12.07.2012 be treated as return filed ... response to notice under section 148 of the Act. The AO, thereafter, issued notice under section 143(2) of the Act, requiring the assessee to furnish details relating to the cash deposits of Rs.13,90,000/-. The assessee filed detailed reply on 26.10.2018 along with supporting documents, stating therein that

Nikanth (Narol) Co. Op. Shops & Off Society Limited, Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

In the result, assessee’s appeal is allowed for statistical purposes subject to the above directions

ITA 1814/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad23 Jan 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1814/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Nikanth (Narol) Co-Op. Shops & The Income Tax Officer बनाम Off Society Limited Ward-1(1)(1) / 299 & 230/3 Paiki Ahmedabad – 380 015 V/S. Opp. Gokul Petrol Pump Narol Char Rasta Ahmedabad – 382 405 (Gujarat) "थायी लेखा सं./Pan: Aaban 2595 B (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Ms. Preyashi Tated, Ar Revenue By : Shri B.P. Srivastav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/01/2025 घोषणा की तारीख /Date Of Pronouncement: 23/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Ms. Preyashi Tated, ARFor Respondent: Shri B.P. Srivastav, Sr.DR
Section 147Section 148Section 234FSection 270A

Based on this information, the AO recorded reasons to believe that income chargeable to tax had escaped assessment and issued a notice under Section 148 of the Act on 30.03.2022. Despite multiple notices issued under Section 148 and 142(1), dated 29.08.2022, 14.10.2022, 25.11.2022, and 05.01.2023, the assessee failed

S.M. Steel, Nagapattinam vs. ITO, Ward-1, Kumbakonam

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

ITA 2947/CHNY/2024[2017-18]Status: DisposedITAT Chennai23 Jan 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2947/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 S.M. Steel, Vs. The Income Tax Officer, No. 12 A1, Thanthontrieswarar Sannat Ward 1, Street, Nidur Main Road, Kumbakonam. Mayiladuthurai, Nagapattinam 609 001. [Pan:Acefs1788D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.09.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. At The Outset, We Note That The Assessing Officer Received Information That The Assessee Made Cash Deposit In Current Account With A Banking Company To The Tune Of ₹.1,03,88,000/- & As Per The Tds

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 148Section 69A

assessee did not file return of income for the F.Y. 2016-17 relevant to the assessment year 2017-18. In response to the notice under section 148 of the Income Tax Act, 1961 [“Act” in short] dated 23.03.2021, the assessee has not filed

Jayaprakash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2937/CHNY/2024[2018-19]Status: DisposedITAT Chennai23 Jan 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

noted that the assessee made cash deposits to the tune of ₹.85,40,280/- in his bank account. Accordingly, the Assessing Officer issued notice under section 148 of the Act. However, the assessee failed to response to the notice under section 148 of the Act by way of filing return

Jayaprakash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2936/CHNY/2024[2018-19]Status: DisposedITAT Chennai23 Jan 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

noted that the assessee made cash deposits to the tune of ₹.85,40,280/- in his bank account. Accordingly, the Assessing Officer issued notice under section 148 of the Act. However, the assessee failed to response to the notice under section 148 of the Act by way of filing return

Jayaprakrash Asha, Chennai vs. ITO, Non Corp Ward 19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 2935/CHNY/2024[2018-18]Status: DisposedITAT Chennai23 Jan 2025AY 2018-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.2935, 2936 & 2937/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Jayaprakash Asha, Vs. The Income Tax Officer, No. 10, Selva Lakshmi Homes, V.V. Non Corporate Ward 19(3), Colony 4Th Street, Adambakkam, Chennai. Chennai 600 088. [Pan:Awzpa4594L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 06.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. The Appeal In Ita No. 2935/Chny/2024 Deals With Quantum Addition & The Appeals In Ita No. 2936 & 2937/Chny/2024 Are Filed Against Order Under Section 207A

For Appellant: Ms. Lekha CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 148Section 194ASection 207ASection 69A

noted that the assessee made cash deposits to the tune of ₹.85,40,280/- in his bank account. Accordingly, the Assessing Officer issued notice under section 148 of the Act. However, the assessee failed to response to the notice under section 148 of the Act by way of filing return

Ditto Dinaharan, Thiruvallur vs. Income Tax Officer, Thiruvallur

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

ITA 2927/CHNY/2024[2012-13]Status: DisposedITAT Chennai23 Jan 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2927/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Ditto Dinaharan, Vs. The Income Tax Officer, 16, Dasarpuram Ii Street, Thiruninravur, Ward 2, Tiruvallur 602 024. Tiruvallur. [Pan:Acgpt4614H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Akshit A Jain, Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 218 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: Shri Akshit A Jain, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 148Section 69A

bank account and the assessee did not file return of income for said assessment year. The Assessing Officer issued notice under section 148 of the Income Tax Act, 1961 [“Act” in short] and the notice under section 142(1) of the Act was also issued. However, there was no response

Narasingamurthy Elangovan, Villupuram vs. ITO, Ward 1, Villupuram

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

ITA 2924/CHNY/2024[2013-14]Status: DisposedITAT Chennai23 Jan 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2924/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Narasingamurthy Elangovan, Vs. The Income Tax Officer, 56/115, Main Road, Kelaiyur, Ward 1, Tirukoilur, Villupuram 605 757. Villupuram. [Pan:Aaqpe4743E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. D. Nidhi Jain, Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2013-14. 2. At The Outset, We Note That The Assessing Officer Received Information That The Assessee Made Cash Deposit Of ₹.1,03,60,875/- & Did Not File Return Of Income. Against The Notice Issued Under 2

For Appellant: Ms. D. Nidhi Jain, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 148Section 194H

allow the same if the said amount is offered for tax in the return filed by the assessee in response to the notice under section 148 of the Act. 3. The ld. AR Ms. D. Nidhi Jain, C.A. submits that the assessee is a commission agent enrolled with Tirukoilur Market

Mustak Rajjak Kapade, Ratnagiri vs. Income-Tax Officer, Ward-1, Ratnagiri

In the result, appeal of the assessee is allowed

ITA 889/PUN/2024[2012-13]Status: DisposedITAT Pune22 Jan 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.889/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Mustak Rajjak Kapade, V The Income Tax Officer, C/O.Bipin Shaha, 1756, Jutica, S Ward-1,Ratnagiri. Teli Ali, Ratnagiri – 415612. Pan: Bpzpk7653G Appellant/ Assessee Respondent / Revenue Assessee By Shri Anup Bipin Shaha – Ar Shri Akhilesh Srivastava –Addl.Cit(Dr) Revenue By Date Of Hearing 06/01/2025 Date Of Pronouncement 22/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income-Tax Act, 1961 For Assessment Year 2012-13; Dated 27.02.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Cit(A) Has Erred In Law & Failed To Appreciate The Facts & Circumstances Of The Case By Confirming The Addition Of Rs.4,00,000/- Pertaining To Cash Deposits In The Month Of October, 2011 & Such Addition Made By Ld.Ao Is Merely On Basis Of Guess Work & Surmise. The Ld.Cit(A) & The Ld.Ao Erred In Appreciating The Explanation Furnished By The Assessee In Respect Of Such Cash Deposit & Made An Addition Which Is Against The Provisions & Spirit Of The Act. The Said Addition Be Deleted & The Assessee Be Granted Just & Proper Relief In This Respect.

Section 139(1)Section 148Section 250Section 69A

filed Return of Income for the A.Y.2012-13 under section 139(1) of the Act. Assessee filed Return of Income only after issue of notice under section 148 of the Act. In the return of income, assessee declared agricultural income of Rs.5,36,820/- and Income of Rs.1