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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

Chandini Duvvuri, Hyderabad vs. ITO, (Int Taxn)-1, Hyderabad

In the result, both the appeals filed by the assessee are allowed in terms of our aforesaid observations

ITA 1855/HYD/2025[2017-18]Status: DisposedITAT Hyderabad30 Jan 2026AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1842/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) आ.अपी.सं /Ita No.1855/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siva Charan, Ca राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 28/01/2026 घोषणा की तारीख/Date Of 30/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Are Directed Against The Respective Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad, Dated 04/09/2025 & 08/09/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act, 1961 (For Short, “The Chandini Duvvuri Vs. Ito (Int. Taxn) Act”), Dated 15/05/2024 & 27/05/2025 For Ay 2016-17 & Ay 2017- 18, Respectively. As A Common Issue Is Involved In The Captioned Appeals, Therefore, The Same Are Being Taken Up & Disposed Of By Way Of A Consolidated Order. We Shall First Take Up The Appeal Filed By The Assessee For Ay 2016-17 In Ita No.1842/Hyd/2025 & The Order Therein Passed Shall Apply Mutatis Mutandis For The Purpose Of Disposing Of The Other Appeal. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

For Appellant: Shri Siva Charan, CAFor Respondent: Shri Sankar Pandi P, Sr. AR
Section 147Section 148Section 148ASection 151ASection 251(1)(a)Section 69

passed an order under section 148A(d) of the Act, dated 16/03/2023. Thereafter, the ITO, Ward-9(1), Hyderabad, i.e., JAO issued notice under section 148 of the Act, dated 27/03/2023. 3. During the course of the assessment proceedings, the AO observed that the assessee during the subject year ... Assessment of Income Escaping Assessment Scheme, 2022", it is only the “Faceless Assessing Officer” (FAO) who can issue the notice under Section 148 of the Act and not the “Jurisdictional Assessing Officer” (JAO), and the assessments are statutorily required to be as per the prescribed faceless mechanism provided under

Chandini Duvvuri, Hyderabad vs. ITO, (Int Taxn)-1, Hyderabad

In the result, both the appeals filed by the assessee are allowed in terms of our aforesaid observations

ITA 1842/HYD/2025[2016-17]Status: DisposedITAT Hyderabad30 Jan 2026AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1842/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) आ.अपी.सं /Ita No.1855/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siva Charan, Ca राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 28/01/2026 घोषणा की तारीख/Date Of 30/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Are Directed Against The Respective Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad, Dated 04/09/2025 & 08/09/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act, 1961 (For Short, “The Chandini Duvvuri Vs. Ito (Int. Taxn) Act”), Dated 15/05/2024 & 27/05/2025 For Ay 2016-17 & Ay 2017- 18, Respectively. As A Common Issue Is Involved In The Captioned Appeals, Therefore, The Same Are Being Taken Up & Disposed Of By Way Of A Consolidated Order. We Shall First Take Up The Appeal Filed By The Assessee For Ay 2016-17 In Ita No.1842/Hyd/2025 & The Order Therein Passed Shall Apply Mutatis Mutandis For The Purpose Of Disposing Of The Other Appeal. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

For Appellant: Shri Siva Charan, CAFor Respondent: Shri Sankar Pandi P, Sr. AR
Section 147Section 148Section 148ASection 151ASection 251(1)(a)Section 69

passed an order under section 148A(d) of the Act, dated 16/03/2023. Thereafter, the ITO, Ward-9(1), Hyderabad, i.e., JAO issued notice under section 148 of the Act, dated 27/03/2023. 3. During the course of the assessment proceedings, the AO observed that the assessee during the subject year ... Assessment of Income Escaping Assessment Scheme, 2022", it is only the “Faceless Assessing Officer” (FAO) who can issue the notice under Section 148 of the Act and not the “Jurisdictional Assessing Officer” (JAO), and the assessments are statutorily required to be as per the prescribed faceless mechanism provided under