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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

Agroh Infrastructure Developers P Ltd, Mhow vs. Pr CIT Central Circle Bhopal, Bhopal

In the result, appeal of assessee is allowed

ITA 95/IND/2021[2008-09]Status: DisposedITAT Indore11 Apr 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Agroh Infrastructure Pr. Cit (Central) Developers Pvt. Ltd. Bhopal Aqua Point, A.B.Road, Vs. Umaria, Mhow, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaeca 2752 L Assessee By Shri Manish Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2023 Date Of Pronouncement 11.04.2023

Section 143(1)Section 143(3)Section 147Section 148Section 263

Clause (a) or Clause (b) or both, the proceedings for bringing to tax an 'escaped assessment' can only commence by issuance of a notice under Section 148 of the Act within the time prescribed under the Act. Thus, under Section 147, the assessing officer has been vested with the power ... income which had escaped assessment other than or in addition to that item or items which have led to the issuance of notice under Section 148 and where ressessment is made under Section 147 in respect of income which has escaped tax, the Income Tax Officer's jurisdiction is confined

Sanjay Bansal, New Delhi vs. ITO, Noida

ITA 2942/DEL/2017[2009-10]Status: DisposedITAT Delhi06 Apr 2023AY 2009-10

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year : 2009-10

For Appellant: Shri Gourav Mittal, AdvocateFor Respondent: Shri Umesh Takyar, Sr. DR
Section 133(6)Section 144Section 148Section 151Section 50CSection 56(2)(vii)

assessee had filed return for assessment year 2009-10 and declared capital gain from the said transaction. The Ld. AO, therefore, issued notice under section 148 of the Act on 28.3.2016 after obtaining approval of Pr. CIT, Noida under section 151(ii) of the Act. The notice was served upon

Sekhri Brothers, New Delhi vs. ACIT, New Delhi

In the result, the appeal by the assessee is treated as allowed for statistical purposes

ITA 5508/DEL/2016[2011-12]Status: DisposedITAT Delhi06 Apr 2023AY 2011-12

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year : 2011-12 Sekhri Brothers Vs. Acit, Circle-49(1) B-57/4, New Delhi. Mayapuri Industrial Area, Phase-1, New Delhi Pan Aamfs1085R (Appellant) (Respondent)

For Appellant: Shri Pankaj Sharma, CAFor Respondent: Shri Umesh Takyar, Sr. DR
Section 139(1)Section 143(1)(a)Section 148

processed under section 143(1)(a) of the Income Tax Act, 1961 (the “Act”). Subsequently, the case was reopened by issue of notice under section 148 on 15.04.2014. In response thereto, the assessee filed letter dated 23.02.2015 requesting to treat the return filed earlier under section 139(1) as compliance ... notice under section 148 of the Act. 3. During the assessment proceedings, the Ld. AO asked the assesee vide order sheet entry dated 16.03.2015 as under:- “As the total purchase price payable by the purchaser as per the agreement dated 31.12.2010 is Rs. 12,91,00,000/- justify

Assistant Commissioner of Income Tax, Cir.1(1)(1), Surat vs. Enviro Control Pvt. Ltd., Surat

In the result, all the grounds of appeal raised by the revenue are dismissed

ITA 345/SRT/2022[2011-12]Status: DisposedITAT Surat05 Apr 2023AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Hearing) A.C.I.T., Enviro Control Pvt. Ltd., Circle-1(1)(1), Enviro House, Opp. Bank Of Vs. Surat. Maharashtra, Ghod Dod Road, Surat-395007. Pan No. Aaace 8700 C Appellant/ Assessee Respondent/ Revenue

Section 143(2)Section 143(3)Section 148Section 254(1)

crores and Vidhi Metal Industries of Rs. 3.85 crores aggregating to Rs. 7.99 crores. The Assessing Officer after recording such reasons, issued notice under Section 148 of the Act dated 26/03/2018. The Assessing Officer after serving notice under Section 143(2) and 142(1) of the Act proceeded for reassessment

Pacific Crest Pte Ltd, Noida vs. DCIT Circle-2(2)(2) International Taxation, New Delhi

In the result, the appeal is partly allowed

ITA 661/DEL/2021[2012-13]Status: DisposedITAT Delhi31 Mar 2023AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyassessment Year: 2012-13

Section 115ASection 144Section 144(1)(b)Section 144CSection 147Section 148Section 195Section 44BSection 44DSection 9(1)(vi)

that income chargeable to tax has escaped assessment, the Assessing Officer reopened the assessment under section 147 of the Act by issuing a notice under section 148 of the Act. As observed by the Assessing Officer, even in response to the notice issued under section 148

Rashmi Bansal, Saharanpur vs. ITO, Ward- 3, Saharanpur

In the result, the appeal is allowed as indicated above

ITA 6278/DEL/2017[2010-11]Status: DisposedITAT Delhi31 Mar 2023AY 2010-11

Bench: Shri Saktijit Deyassessment Year: 2010-11

Section 143(3)Section 147Section 148Section 151Section 151(2)

admit the additional grounds. 4. As could be seen from the additional ground no.1, the assessee has taken a specific plea that notice under Section 148 of the Income- Tax Act,1961 was issued without obtaining prior approval of the higher authorities in terms of section ... however, she has not offered capital gain to tax. Therefore, he reopened the assessment under Section 147 of the Act by issuing a notice under Section 148 on 18.02.2015. Ultimately, the Assessing Officer completed the assessment under Section 143(3)/148 of the Act vide order dated 23.02.2016 by adding

Shri Shantilalyadav, Khargone vs. The ITO, Khatgone

ITA 399/IND/2022[2013-14]Status: DisposedITAT Indore31 Mar 2023AY 2013-14

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Shri Shantilal Yadav Ito, Khargone Gram Nagziri, बनाम/ Tehsil Gogawa, Vs. Khargone (Appellant / Assessee) (Respondent / Revenue) Pan: Aiwpy 0915 C Assessee By Shri S. N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 27.03.2023 Date Of Pronouncement 31.03.2023

Section 115BSection 143(3)Section 147Section 148Section 69A

proceedings against both the assessees. In the instant case, assessment in the case of Shri G.P. Goyal was completed on 31-7-1997. Notice under section 148 had been issued to the assessee-company on 27-7-1998. Once the revenue had taken its stand that such investment

Sureshbhai Sukhabhai Mistry, Na vs. Arivs.ITO, Ward 5, Navasari

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

ITA 263/SRT/2022[2011-12]Status: DisposedITAT Surat31 Mar 2023AY 2011-12

Bench: Shri Pawan Singhआ.अ.सं./Ita No.263/Srt/2022 (Ay 2011-12) (Hearing In Virtual Court) Sureshbhai Sukhabhai Mistry Income Tax Officer, 130, Kumbhar Faliya, Via Ward-5, Navsari Vs Satem, Tal: Navsari, Dist. Navsari-396466 Pan No: Ammpm 4411 H अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sujesh C Suratwala, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 30.01.2023 उ"घोषणा क" तार"ख/Date Of 31.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 05.05.2022 For Assessment Year 2011-12, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 13.09.2017. The Assessee Has Raised The Following Grounds Of Appeal:- Suresshbhai S Mistry “1. The Learned Ao As Well As Learned Nfac/Cit(A) Has Erred In Making Addition To The Total Income Of The Assessee Which Is Primarily Agriculture Inn Nature & In Fact Exempted To Tax

Section 133(6)Section 144Section 147Section 148Section 254(1)

account with Bank of Baroda, Viraval Branch, Navsari. The Assessing Officer after recording reasons, reopened the case of assessee under section 147, subsequently notice under section 148 issued upon assessee on 28.03.2017. The Assessing Officer recorded that despite service of notice assessee has not filed his return of income. Thereafter

Sudhir Bhupendra Desai, Surat vs. Income Tax Officer, (Int. Tax), Surat

In the result, the grounds of appeal raised by the assessee are allowed

ITA 92/SRT/2023[2012-13]Status: DisposedITAT Surat30 Mar 2023AY 2012-13

Bench: Shri Pawan Singhआ.अ.सं./Ita No.92/Srt/2023 (Ay 2012-13) (Hearing In Physical Court) Sudhir Bhupendra Desai Income Tax Officer, (Int. Tax), 106, ‘Shriyam’, Nehru Nagar, Room No.107, 1St Floor, Vs Ichhanath, Svr College, S.O., Income-Tax Office, Surat Surat-395007 Anavil Business Centre, Pan No: Axdpd 7887 Q Adajan Hazira Road, Adajan, Surat-395007 अपीलाथ"/Appellant ""थ" /Respondent

Section 148Section 254(1)Section 271(1)(c)Section 274

assessee has not filed his return of income for the subject- assessment year, i.e., assessment year 2012-13. The Assessing Officer issued notice under section 148 of the Act on 29.03.2019. The assessing officer noted that, in response to such notice, the assessee filed his return of income ... term capital gain was in fact taxable as ‘income from other sources’ and, accordingly, paid differential tax on said amount before issuance of notice under section 148, said conduct of assessee being bona fide in nature, impugned penalty order passed under section 271(1)(c) on account of concealment

Shri Girishbhai Nanjibhai Solanki, Rajkot vs. The ITO, Ward-1 (1) (2), Rajkot

In the result the appeal filed by the assessee is allowed partly for the statistical purposes

ITA 30/RJT/2020[2010-11]Status: DisposedITAT Rajkot29 Mar 2023AY 2010-11

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Kalpesh Doshi, A.RFor Respondent: Shri B. D. Gupta, Sr. DR
Section 143(3)Section 148Section 254Section 69

detailed below: “Yes, I am satisfied on the reason recorded by the AO that it is a fit case for the issue of notice under section 148 of the IT Act” 8.3 In view of the above, we hold that the approval granted under section ... learned AR before us submitted that while the proceedings under section 143(3) of the Act were in progress, the notice under section 148 of the Act has been issued which implies that all earlier proceedings should come to an end and the proceedings under section

Mesers Goyal Energy & Steel Private Limited, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-2, Raipur

In the result both the appeals of the assessee are allowed

ITA 245/RPR/2019[2017-18]Status: DisposedITAT Raipur27 Mar 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.244 & 245/Rpr/2019 (ननधाारण वषा / Assessment Year :2016-2017 & 2017-2018) M/S Goyal Energy & Steel Pvt. Ltd. Vs Acit, Central-2, Raipur Behind Happy Restaurant, Ring Road-2, Tatiband Chowk, Raipur-492009 Pan No. :Aaccg 2758 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Akshay Ringasia & Rajesh KumarFor Respondent: Shri Debashis Lahiri, CIT-DR
Section 153ASection 68

Chhattishgarh in the said order has categorically held that: “Provisions under section 151(2) mandate satisfaction of Joint Commissioner before issue of notice under section 148, hence, where Joint Commissioner recorded satisfaction on proposal of Assessing Officer by mentioning that it is a fit case for issuance of notice, approval ... reasons for initiating reassessment proceedings under section 147 and thereafter obtained approval of Additional Commissioner under section 151(2) and after that issued notice under section 148 to assessee - Assessee contended that Additional Commissioner mechanically granted approval by affixing his signature without recording any satisfaction and, therefore, in view

Mesers Goyal Energy & Steel Private Limited, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-2, Raipur

In the result both the appeals of the assessee are allowed

ITA 244/RPR/2019[2016-17]Status: DisposedITAT Raipur27 Mar 2023AY 2016-17

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.244 & 245/Rpr/2019 (ननधाारण वषा / Assessment Year :2016-2017 & 2017-2018) M/S Goyal Energy & Steel Pvt. Ltd. Vs Acit, Central-2, Raipur Behind Happy Restaurant, Ring Road-2, Tatiband Chowk, Raipur-492009 Pan No. :Aaccg 2758 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Akshay Ringasia & Rajesh KumarFor Respondent: Shri Debashis Lahiri, CIT-DR
Section 153ASection 68

Chhattishgarh in the said order has categorically held that: “Provisions under section 151(2) mandate satisfaction of Joint Commissioner before issue of notice under section 148, hence, where Joint Commissioner recorded satisfaction on proposal of Assessing Officer by mentioning that it is a fit case for issuance of notice, approval ... reasons for initiating reassessment proceedings under section 147 and thereafter obtained approval of Additional Commissioner under section 151(2) and after that issued notice under section 148 to assessee - Assessee contended that Additional Commissioner mechanically granted approval by affixing his signature without recording any satisfaction and, therefore, in view

M/S Vijendra Singh & Associates, Bilaspur vs. Income Tax Officer, Ward 1(2), Bilaspur

In the result the appeal of the assessee is allowed

ITA 113/RPR/2018[2011-12]Status: DisposedITAT Raipur27 Mar 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.113/Rpr/2018 (ननधाारण वषा / Assessment Year :2011-2012) M/S Vijendra Singh & Associates, Vs Ito, Ward-1(2), Bilaspur C/O-Bedford Earthmovers Inc. Rajeev Gandhi Chowk, Jarhabhata, Bilaspur (Cg) Pan No. :Aaaav 6865 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Nilesh Jain, CAFor Respondent: Shri Choudhary N.C.Roy, Sr. DR
Section 139Section 143(3)Section 147Section 148Section 271BSection 274Section 44A

Income-tax Act, 1961. For failure on the part of the assessee to furnish return of income for the above assessment year, notice under Section 148 of the Act was issued on 31/03/2014 duly served upon it on 31/03/2014. In view of said notice the assessee was required to furnish ... days of receipt of the notice. Subsequently, the AO found that the assessee has not complied with the requirement as per the above notice under section 148 dated 31/03/2014. Consequently, the AO framed the assessment u/s.147 r.w.s.143(3) of the Act assessing the total income of the assessee

Dinaben Dilipkumar Patel, Na vs. Arivs.Income Tax Officer, Ward-2, Navsari

In the result, ground related to the credit entry of Rs

ITA 69/SRT/2023[2012-13]Status: DisposedITAT Surat24 Mar 2023AY 2012-13

Bench: Shri Pawan Singh

Section 147Section 148Section 254(1)Section 271(1)(c)

belief that he has reason to believe that income of assessee has escaped assessment within the meaning of Section 147 of the Act. Notice under Section 148 was issued to the assessee on 30/03/2017. The Assessing Officer recorded that no response was filed by assessee nor any return of income ... response to notice under Section 148 was filed. The Assessing Officer issued final show cause notice dated 22/09/2017, to the assesse to submit explanation on or before 28/09/2017 with regard to cash deposit of Rs. 21,43,000/- and other credit of Rs. 3,38,000/- through cheque/clearing and interest

Dinaben Dilipkumar Patel, Na vs. Asrivs.Income Tax Officer, Ward-2, Navsari

In the result, ground related to the credit entry of Rs

ITA 337/SRT/2022[2012-13]Status: DisposedITAT Surat24 Mar 2023AY 2012-13

Bench: Shri Pawan Singh

Section 147Section 148Section 254(1)Section 271(1)(c)

belief that he has reason to believe that income of assessee has escaped assessment within the meaning of Section 147 of the Act. Notice under Section 148 was issued to the assessee on 30/03/2017. The Assessing Officer recorded that no response was filed by assessee nor any return of income ... response to notice under Section 148 was filed. The Assessing Officer issued final show cause notice dated 22/09/2017, to the assesse to submit explanation on or before 28/09/2017 with regard to cash deposit of Rs. 21,43,000/- and other credit of Rs. 3,38,000/- through cheque/clearing and interest

ITO, Ward-1(4), Faridabad vs. Keshav Medichem P.Ltd, Faridabad

In the result, the appeal of the Revenue in ITA No

ITA 154/DEL/2020[2011-12]Status: DisposedITAT Delhi23 Mar 2023AY 2011-12

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Anuj Garg, Sr. DR
Section 1Section 14Section 147Section 148Section 68

facts and in the circumstances of the case, the Ld. CIT(A) has erred in holding that the notice under section 148 was issued on the basis of invalid reasons and quashed the assessment holding as void ab-initio despite the Assessing Officer has duly recorded the reason and only ... then having satisfied as to the reopening of assessment proceedings issued notice under section 148 of the Act. (iii) "On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in holding that there is no tangible material to show the nexus between the reasons

Sheetal Kaushal, Bhopal vs. The ITO 5(2), Bhopal

In the result, the appeal is dismissed

ITA 417/IND/2022[2011-12]Status: DisposedITAT Indore22 Mar 2023AY 2011-12

Bench: SHRI.VIJAY PAL RAO (Judicial Member)

For Appellant: Smt. Nisha Lahoti, CAFor Respondent: Sh. Ashish Porwal, Sr. DR
Section 144Section 69

through system disclosing the investment of Rs. 35,20,000/- by the assessee in the immovable property during the year under consideration vide notice under Section 148 dated 20th March, 2018. Since, there was no response to the notice issued by the AO under Section 148 as well as under ... assessee produced all the relevant details and documentary evidences in response to the inquiry conducted by the AO prior to issuing the notice under Section 148 of the Income Tax Act. The assessee also pointed out that the notice issued by the AO were sent at the wrong address

Shashikant Chhotubhai Tania, L/H of Hemendra Shashikant Tania, Surat vs. Income Tax Officer, Ward 1(2)(4), Surat

In the result, this appeal of assessee is allowed

ITA 42/SRT/2023[2011-12]Status: DisposedITAT Surat22 Mar 2023AY 2011-12

Bench: Shri Pawan Singh(Physical Hearing) Shashikant Chhotubhai Tania, I.T.O., L/H-Hemendra Shashikant Tania, Ward 1(2)(4), Vs. 8/652A, Bharwad Falia, Navsari Surat. Bazar, Surat. Pan No. Aajpt 9963 G Appellant/ Assessee Respondent/ Revenue

Section 142(1)Section 144Section 148Section 254(1)Section 271(1)(b)

Before the ld. CIT(A), the assessee submitted that the assessee expired on 13/1/2012. The case of deceased assessee was reopened by issuing notice under Section 148 of the Act dated 28.03.2018. The Assessing Officer issued first notice under Section 271(1)(b) dated 13/12/2018 fixing the date of hearing ... perused the material available on record carefully. I find that the case of assessee was reopened under Section 147 of the Act. Notice under Section 148 dated 28/03/2018 was issued by the Assessing Officer. The Assessing Officer recorded that the notice was served upon the assessee. I find that

Designer Exim Pvt. Ltd., Mumbai vs. Income Tax Officer, 1(1)(2), Surat

In the result, this appeal of the assessee is allowed

ITA 14/SRT/2022[2012-13]Status: DisposedITAT Surat22 Mar 2023AY 2012-13

Bench: Shri Pawan Singh(Physical Hearing) M/S Designer Exim Pvt. Ltd., I.T.O., D-1203, Panchsheel Heights, Opp.- Ward 1(1)(2), Vs. Pizza Hut, Mahavir Nagar, Kandivali Surat. West, Mumbai, Maharashtra-400067 Pan No. Aabcd 4298 H Appellant/ Assessee Respondent/ Revenue

Section 143(2)Section 144Section 147Section 148Section 234ASection 254(1)

issuance of notice u/s 148 of the Act. (c) The learned Assessing Officer failed to obtain sanction of the prescribed authority before issuing notice under section 148 of the Act. (d) The initiation of proceeding under section 147 of the Act and issuance of notice under section 148 is without ... credit of Rs. 9,07,039/-. In order to verify such suspicious transaction, the case of assessee was reopened after recording reasons. Notice under Section 148 of the Income Tax Act, 1961 (in short, the Act) dated 31/03/2019 was served upon the assessee. The assessee in response to notice under

Sh. Nirbhay Trehan, Jammu vs. Dy. Commissioner of Income Tax Central Circle, Jammu

In the result, the appeals of the assessee bearing ITA Nos

ITA 184/ASR/2019[2013-14]Status: DisposedITAT Amritsar20 Mar 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139Section 144Section 147Section 148Section 2Section 250

income of the assessee for the assessment year 2010-11 has escaped assessment and it is a fit case for issuance of notice under section 148 of the Income Tax Act 1961". iii. Perusal of the reasons recorded revealed that the same are false. The Ld. AO has wrongly stated ... could satisfy the requirements of either clause (a) or clause (b) of section 147 and that therefore, he could not have issued a notice under section 148. The provision of section 147 of the IT Act has been I.T.A. Nos. 182/Asr/2019 17 I.T.A. Nos. 183 & 184/Asr/2019 explained in detail