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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

Vandana Daga, Chennai vs. Pr. CIT, Chennai

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

ITA 1056/CHNY/2024[2015-16]Status: DisposedITAT Chennai26 Jul 2024AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1056/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 Vandana Daga, Vs. The Income Tax Officer, 19-C, Nungambakkam High Road, Non Corporate Ward 3(5), Nungambakkam, Chennai 600 034. Chennai. [Pan:Aclpv1469P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Karunakaran, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 24.07.2024 घोषणा की तारीख /Date Of Pronouncement : 26.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2024 Passed By The Ld. Principal Commissioner Of Income Tax, Chennai 4, Chennai Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short] For The Assessment Year 2015-16. 2. Ground No. 13 Raised In The Appeal Of The Assessee Is Not Pressed & Accordingly Dismissed As Not Pressed. 3. Ground Nos. 1 To 12 Raised By The Assessee Concerning Only Issue Questioning The Validity Of Jurisdiction Assumed By The Ld. Pcit Under Section 263 Of The Act.

For Appellant: Shri M. Karunakaran, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 142(1)Section 143(3)Section 147Section 148Section 263

income returned was accepted without making any addition. Further, the same assessment was reopened under section 147 of the Act by issuing notice under section 148 of the Act and subsequently, notice under section 142(1) of the Act along with questionnaire. He submits that the assessee filed reply ... income, which was accepted by the Assessing Officer. However, on the same issues, the Assessing Officer reopened the said assessment by issuing notice under section 148 of the Act as well as notice under section 142(1) of the Act about excess claim in long term capital gain and short

ACIT, Central Circle - 3 (3), Chennai vs. M/S Land Marvel Homes, Chennai

In the result, appeal filed by the Revenue is allowed

ITA 1055/CHNY/2022[2012-2013]Status: DisposedITAT Chennai26 Jul 2024AY 2012-2013

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1055/Chny/2022 िनधा"रणवष" / Assessment Year: 2012-13 M/S. Land Marvel Homes, The Acit, V. 45-47, Old No. 22-23, Central Circle -3(3), 3Rd Floor, 1St Main Road, Chennai. Gandhi Nagar, Adyar, Chennai – 600 020. [Pan:Aabfl-4387-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. V. Nandakumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. T. Banusekar, Advocate & Shri. Yeshwanth Kumar, Ca सुनवाई क" तारीख/Date Of Hearing : 06.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R

For Appellant: Shri. V. Nandakumar, CITFor Respondent: Shri. T. Banusekar, Advocate &
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

liable to be issued and the assessment completed on or before 31.3.2001. This was not done in the present case. Subsequently, a notice under section 148 has been issued on 9.12.2002 under section 148 of the Income Tax Act taking advantage of the now extended limitation of four years ... tangible material, when the time for scrutiny assessment has elapsed on 31.3.2001, prior to issue of notice u/s 148. The notice under section 148 dated 9.12.2002 is thus an arbitrary exercise of power and a review of proceedings impermissible in law. 13. The Division Bench of the Delhi High Court

ITO-19(2)(4), Mumbai vs. Priti Bharat Parekh, Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 447/MUM/2024[2014-15]Status: DisposedITAT Mumbai26 Jul 2024AY 2014-15

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary, Ito-19(2)(4) Vs. Priti Bharat Parekh 507, 5Th Floor, Piramal 6C Landsend Chs 29 D Chambers, Parel, Dongersey Road, Mumbai – 400 012 Malabar Hill Maharashtra – 400006 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaepp1784C Appellant .. Respondent Appellant By : B.V. Jhaveri & Ms. Bhargavi Raval Respondent By : H.M. Bhatt Date Of Hearing 14.05.2024 Date Of Pronouncement 26.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Revenue Is Directed Against The Order Of Ld. Cit(Nfac) Of The Income Tax Act, 1961 For A.Y. 2014-15. The Revenue Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Quashing The Reopening By The Ao With The Opinion That The Reopening Is Without Jurisdiction & Bad In Law Without Appreciating That The Facts On Which The Reopening Was Done Are Not Available By The Ao At The Time Of Original Assessment 2. Whether On The Facts & Circumstances Of The Case & In Law, Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That During The Course Of Investigation, It Was Found That The Scrips In Which The Assessee Traded Is Penny Stock Used For Providing Accommodation Entry Only In Form Of Bogus Ltcg & Stcg & Shared With The Jurisdiction Ao In The Fy 2020-21. 3. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That The Assessee Has Entered

For Appellant: B.V. Jhaveri &For Respondent: H.M. Bhatt
Section 143(2)Section 143(3)Section 147Section 148

supra) is not applicable and the assessee foregoes all the privileges In GKN Driveshaft case Hon'ble Supreme Court held that when a notice under section 148 of the Act is issued, the proper course of action for the assessee is to file the return and if he so desires

Syeda Mariam, Bangalore vs. Income-Tax Officer, Ward-3(1)(4), Bengaluru

In the result we accepted the legal issue and held that the assessment order dated 30

ITA 341/BANG/2024[2014-15]Status: DisposedITAT Bangalore25 Jul 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Syeda Mariam The Income Tax Officer No. 482, 14Th Main Ward - 3(1)(4) Koramangala 3Rd Block Vs. Bmtc Building, 80Ft. Road Bangalore 560034 6Th Block, Koramangala Pan – Aazpm2737P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Zain Ahmed Khan, Ca Revenue By: Shri V. Parithivel, Jcit-Dr Date Of Hearing: 18.06.2024 Date Of Pronouncement: 25.07.2024 O R D E R Per: Soundararajan K.,J.M. This Appeal Filed By The Assessee Challenges The Order Of The Cit(A)-11, Bengaluru Dated 28.12.2023 In Respect Of The Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Filed Her Return Of Income On 28.07.2014. Thereafter A Survey U/S. 133A Was Conducted At The Company M/S. Intact Developers P. Ltd., In Which The Assessee Is A Director & Based On The Survey It Was Found That The Assessee Had Lent Unsecured Loans To The Company & In Support Of The Unsecured Loans The Assessee Filed Confirmation Letters From The Company. Insofar As The Source For The Loan, The Assessee Submitted That She Got Capital Gain In Ays 2013-14 & 2014-15 & Out Of This She Offered Loans To The Company. The Ld. Assessing Officer (Ao) Verified The Details Filed By The Assessee & Came To The Conclusion That There

For Appellant: Shri Zain Ahmed Khan, CAFor Respondent: Shri V. Parithivel, JCIT-DR
Section 133ASection 139(1)Section 143(2)Section 144Section 148Section 54Section 548Section 54B

statement before the Assessing officer to the effect that the original return filed should be treated as a return pursuant to a notice under section 148 of the Act is fatal to the order of assessment” The above judgment made it clear that notice