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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

Jitendra Vanechand Ambavi, Rajkot vs. ITO, Ward-2(1)(3), Rajkot

In the result, assessee’s appeal is allowed for statistical purposes

ITA 253/RJT/2022[201213]Status: DisposedITAT Rajkot19 Apr 2023

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 253/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2012-13) Shri Jitendra Vanechand The Income Tax बनाम/ Ambavi Officer Vs. Asha Complex, 35-Karanpara, Ward-2(1)(3), Rajkot Rajkot-360001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abupa6415G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Mehul Ranpura, A.R. अपीलाथ" ओर से /Appellant By : Shri B. D. Gupta., Sr.D.R. ""यथ" क" ओर से /Respondent By : सुनवाई क" तार"ख / Date Of 17/04/2023 Hearing घोषणा क" तार"ख /Date Of 19/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 01.09.2022 Passed By The National Faceless Appeal Centre, Delhi (Hereinafter Referred To As ‘Nfac’), Arising Out Of The Assessment Order Dated 19.12.2019 Passed By The Learned Ito, Ward-2(1)(3), Rajkot Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2012-13, Whereby & Whereunder The Order Of Addition Passed By The Ito Has Been Upheld.

For Appellant: Shri B. D. Gupta., Sr.D.R
Section 143(3)Section 148Section 250

relevant materials available on record. 3. The brief facts leading to this case is this that the case was reopened by issuance of notice under Section 148 of the Act dated 15.02.2019 upon recording the reasons by the ITO, Ward-2(1)(3), Rajkot and upon obtaining approval

Mrs. Swatiben Biharilal Parekh, Dhoraji, Dist. Rajkot vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 30/RJT/2022[2012-13]Status: DisposedITAT Rajkot18 Apr 2023AY 2012-13

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 30/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2012-13) Mrs. Swatiben Biharilal Pcit बनाम/ Rajkot-1 Parekh Vs. Yamuna Behind Mahakali Lodge St, Road Dhoraji, Rajkot-360410, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajvpp4177H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Jayesh Dadia, A.R. अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, ""यथ" क" ओर से / Cit.D.R. Respondent By : सुनवाई क" तार"ख / Date Of Hearing 05/04/2023 घोषणा क" तार"ख /Date Of 18/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 31.01.2022 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) By The Principal Commissioner Of Income Tax, Rajkot-1 (Hereinafter Referred To As ‘The Pcit’), Arising Out Of The Order Dated 27.12.2019 Passed By The Learned Ito, Ward-2(1)(1), Rajkot Under Section 143(3) R.W.S. 147 Of The Act For Assessment Year 2012-13. Ita No. 30/Rjt/2022 (Mrs. Swatiben Biharilal Parekh Vs. Pcit) A. Y. 2012-13 - 2- 2. We Have Heard The Rival Submissions Made By The Respective Parties & We Have Also Perused The Relevant Materials Available On Record.

For Appellant: Shri Shramdeep Sinha
Section 143(3)Section 148Section 263Section 44ASection 5

relevant materials available on record. 3. The brief facts leading to this case is this that initially the assessment was reopened by issuing notice under Section 148 of the Act on 27.03.2019 on account of income earned out of share/commodity transactions carried out on NSE to the tune of Rs.1