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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

Lovely Promoters Private Limited, Kolkata vs. ACIT, Central Circle, Ajmer

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

ITA 770/JPR/2023[2013-14]Status: DisposedITAT Jaipur08 Feb 2024AY 2013-14

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

For Appellant: Shri Mayank Taparia (Adv.)For Respondent: Shri A.S. Nehra (Addl.CIT) a
Section 127Section 127(1)Section 132Section 147Section 148Section 148ASection 151Section 153C

Certain Provisions) Act, 2020 - Income escaping assessment - Conducting inquiry, providing opportunity before issue of notice (Reassessment) - Assessment year 2013-14 - Whether a notice under section 148 cannot be issued in order to reopen assessment of 20 Lovely promoters Pvt. Ltd. vs. ACIT an assessee in a case where right ... Court in the case of New India Assurance Company Ltd.(supra), the Hon’ble Bombay High Court while considering the question “Whether a notice under section 148 cannot be issued in order to reopen assessment of an assessee in a case where right to reopen assessment was already barred under

Deputy Commissioner of Income Tax, Circle-2(2), International Taxation, Bengaluru, Bangalore vs. Tata Communication (Uk) Limited, United Kingdom

In the result, Revenue’s appeals and the COs of the assessee are dismissed

ITA 865/BANG/2023[2010-11]Status: DisposedITAT Bangalore01 Feb 2024AY 2010-11

Bench: Shri George George K & Shri Laxmi Prasad Sahuit(It)A Nos.864, 865/Bang/2023 Assessment Years : 2009-10, 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Tata Communications (Uk) Ltd., Circle -2(2), International Taxation, Vintners Place, 68 Upper Thames, Bengaluru. Street London Ec4V3Bj, United Kingdom - 999999. Pan : Aahct 0782 C Appellant Respondent C.O.Nos.2, 3/Bang/2024 (In It(It)A Nos. 864, 865/Bang/2023) Assessment Years : 2009-10, 2010-11 M/S. Tata Communictions (Uk) Ltd., Vs. The Deputy Commissioner Of Income Tax, Vintners Place, 68 Upper Thames, Circle -2(2), International Taxation, Street London Ec4V3Bj, Bengaluru. United Kingdom - 999999. Pan : Aahct 0782 C Cross Objector Respondent Appellant By : Shri. Ketan Ved, Ca Respondent By : Ms. Neera Malhotra, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 01.02.2024 Date Of Pronouncement : 01.02.2024 O R D E R Per Bench : These Appeals At The Instance Of The Department & Cross- Objections (Co) By The Assessee Are Directed Against Two Orders Of Cit(A)

For Appellant: Shri. Ketan Ved, CAFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 142(1)Section 144Section 147Section 148Section 201Section 9Section 9(1)(vi)

assessee company amounting to Rs.5,48,13,709/- and Rs.14,68,97,294/- which has not been offered to tax, the AO issued notice under section 148 of the Act for Assessment Years 2009-10 and 2010-11. In response to the notices issued under section

Deputy Commissioner of Income Tax, Circle-2(2), International Taxation, Bengaluru vs. Tata Communication (Uk) Limited, United Kingdom

In the result, Revenue’s appeals and the COs of the assessee are dismissed

ITA 864/BANG/2023[2009-10]Status: DisposedITAT Bangalore01 Feb 2024AY 2009-10

Bench: Shri George George K & Shri Laxmi Prasad Sahuit(It)A Nos.864, 865/Bang/2023 Assessment Years : 2009-10, 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Tata Communications (Uk) Ltd., Circle -2(2), International Taxation, Vintners Place, 68 Upper Thames, Bengaluru. Street London Ec4V3Bj, United Kingdom - 999999. Pan : Aahct 0782 C Appellant Respondent C.O.Nos.2, 3/Bang/2024 (In It(It)A Nos. 864, 865/Bang/2023) Assessment Years : 2009-10, 2010-11 M/S. Tata Communictions (Uk) Ltd., Vs. The Deputy Commissioner Of Income Tax, Vintners Place, 68 Upper Thames, Circle -2(2), International Taxation, Street London Ec4V3Bj, Bengaluru. United Kingdom - 999999. Pan : Aahct 0782 C Cross Objector Respondent Appellant By : Shri. Ketan Ved, Ca Respondent By : Ms. Neera Malhotra, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 01.02.2024 Date Of Pronouncement : 01.02.2024 O R D E R Per Bench : These Appeals At The Instance Of The Department & Cross- Objections (Co) By The Assessee Are Directed Against Two Orders Of Cit(A)

For Appellant: Shri. Ketan Ved, CAFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 142(1)Section 144Section 147Section 148Section 201Section 9Section 9(1)(vi)

assessee company amounting to Rs.5,48,13,709/- and Rs.14,68,97,294/- which has not been offered to tax, the AO issued notice under section 148 of the Act for Assessment Years 2009-10 and 2010-11. In response to the notices issued under section

Prakash Amarlal Doulatani, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(4), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 970/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 970/Ahd/2023 ("नधा"रण वष" / Assessment Year : 2011-12) Prakash Amarlal The Income Tax Officer बनाम/ Ward -3(3)(4), Ahmedabad Doulatani Vs. 16/318, Satyagrah Chhavni, Near Bhavnirjar, Satellite Road, Ahmedabad - 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaspd3727B (Appellant) .. (Respondent) Shri Vihar Soni, A.R. Assessee By : Shri Urjit Shah, Sr. Dr Revenue By : सुनवाई क" तार"ख / Date Of 30/01/2024 Hearing घोषणा क" तार"ख /Date Of 31/01/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed At The Instance Of The Assessee Is Directed Against The Order Dated 05.10.2023 Passed By National Faceless Appeal Centre (Nfac), Delhi Arising Out Of The Order Dated 22.11.2018 Passed By The Ito, Ward-3(3)(4), Ahmedabad Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Year 2011-12, Whereby & Wherunder The Addition Made By The Ld. Ao On Account Of ‘On Money’ Has Been Confirmed.

For Appellant: Shri Urjit Shah, Sr. DR
Section 132Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

filing return of income and therefore the Ld. AO has reason to believe that income chargeable to tax has escaped assessment. Consequently, notice under Section 148 of the Act was issued on 30.03.2018 upon obtaining approval from the PCIT-3, Ahmedabad. Further that, the notice under Section ... which makes such order invalid. 5. While rebutting, the Ld. DR submitted that the assessee has not filed its return pursuant to the notice under Section 148 of the Act dated 30.03.2018 and therefore, the Ld. AO did not find any requirement to issue notice under Section