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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

Bhushan Radhakishan Chechani, Aurangabad vs. ITO Ward-3 Jalna, Jalna

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

ITA 1340/PUN/2024[2013-14]Status: DisposedITAT Pune23 Aug 2024AY 2013-14

Bench: Dr.Dipak P. Ripote & Shir Vinay Bhamoreआयकर अपील सं. / Ita No.1340/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Ashok Radhakrishan Chechnai, V The Income Tax Officer, Plot No.B-56, Sector C-N-4, S Ward-1, Jalna. Cidco, Aurangabad – 431001 Pan: Aappc5074R Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanjeevkuamr B Kabra – Ar Revenue By Shri Sandeep P Sathe – Jcit(Dr) Date Of Hearing 22/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)/Jcit(A), Gwalior Passed Under Section 250 Of The Income Tax Act, Dated 28.02.2024 For The A.Y.2013-14. The Assessee Has Raised The Following Grounds Of Appeal : “1. Whether The Learned Assessing Officer Is Justified In Passing The Assessment Order For The Year On The Basis Of Joint Development Agreement Without Verifying The Fact That Possession Of Plot Till Ashok Radhakishan Chechnai [A]

Section 148Section 148(1)Section 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 54F

which I am eligible for deduction u/s 54F of the Act. Thus, the deduction u/s 54F may kindly be allowed. 4. The notice under section 148 has not been served on me before passing of the order as mandated by section 148(1) of the I. T. Act, 1961. Thus

Umesh Bhimrao Chiprikar, Kolhapur vs. Income Tax Officer Ward-1, Kolhapur

In the result, appeal of the assessee is allowed

ITA 1297/PUN/2024[2013-14]Status: DisposedITAT Pune23 Aug 2024AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1297/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Umesh Bhimrao Chiprikar, Vs The Income Tax Officer, Shanti Dental Hospital, Ward-1, Ichalkaranji. Harshwardhan Complea, Kolhapur Road, A/P.Jaysingpur, Jaysingpur – 416101. Maharashtra. Pan: Afkpc9558C Appellant/ Assessee Respondent / Revenue Assessee By Shri Umeshkumar M. Mali – Ar Revenue By Shari Sandeep P Sathe – Jcit(Dr) Date Of Hearing 21/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax-(Appeal)[Nfac] Under Section 250 Of The Act, Dated 13.02.2024 For The Assessment Year 2013- 14. The Assessee Has Raised The Following Grounds Of Appeal : “1) Ground No. 1 On The Facts & Circumstances Of The Case & In Law, The Ld. Ao Umesh Bhimrao Chiprikar, Kolhapur [A]

Section 139Section 143(2)Section 148Section 250Section 69A

case of CIT Vs. Jet Airways (I) Ltd., [2011] 331 ITR 236(Bom) has held as under: “However, if after issuing a notice under section 148, he accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment ... escaped assessment, it is not open to him independently to assess some other income. If he intends to do so, a fresh notice under section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee.” 6.2 Thus

Moul Shree Jhunjhunwala, Kolkata vs. ITO, Ward-12(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 426/KOL/2021[2012-13]Status: DisposedITAT Kolkata23 Aug 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 426/Kol/2021 Assessment Year: 2012-2013 Moul Shree Jhunjhunwala,……………….……Appellant 58/3, Kutir Udyog Kendra, Biplabi Rash Behari Basu Road, Canning Street, Kolkata-700001 [Pan:Acqpj6330E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Miraj D. Shah, A.R., Appeared On Behalf Of The Assessee Shri P.P. Barman, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : June 05, 2024 Date Of Pronouncing The Order : August 23Rd, 2024 O R D E R

Section 10(38)Section 133(6)Section 143(1)Section 148

There was no scrutiny assessment in her case. The ld. Assessing Officer has sought to reopen the assessment by issuance of a notice under section 148 of the Income Tax Act dated 29.03.2019. The assessee is challenging this reopening of assessment. The reasons for reopening of assessment are being placed ... Kolkata (for PCIT-4, Kolkata) to Addl. CIT, Range-12, Kolkata for information on 31.03.2019, but by the time, he already issued notice under section 148 on 29.03.2019, which is contrary to the procedure. 7. On the other hand, ld. D.R. was unable to controvert the contention. He simply submitted