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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

Asst. CIT-1(3)(1), Mumbai vs. M/S. Tilaknagar Industries Ltd., Mumbai

ITA 1355/MUM/2021[2009-10]Status: DisposedITAT Mumbai29 Sept 2022AY 2009-10

Bench: Shri Baskaran B.R & Shri Vikas Awasthyआअसं. 1355/मुं/2021 ("न.व. 2009-10) Acit-1(3)(1), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Tilaknagar Industries Limited. 3Rd Floor, Indl.Assurance Bldg. Jd Tata Marg, Churchgate, Mumbai 400 020 Pan:Aaact-6047-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Damor ""तवाद" "वारा/Respondent By : Dr. K.Shivram, Sr. Advocate With Ms. Neelam Jadhav सुनवाई क" "त"थ/ Date Of Hearing : 04/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [In Short ‘The Cit(A)] Dated 04/01/2021 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing & Selling Of Indian Made Foreign Liquor. The 2 Assessee Filed Its Return Of Income For A.Y 2009-10 Declaring Total Income Of Rs.29,19,12,503/- On 30/09/2009. The Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’) Was Passed On 07/12/2011. Thereafter, The Assessing Officer Issued Notice U/S. 154 Of The Act Dated 18/03/2013 To Rectify The Alleged Mistake In Assessment Order On Two Counts:

For Appellant: Shri Rajesh DamorFor Respondent: Dr. K.Shivram, Sr. Advocate with Ms. Neelam Jadhav
Section 143(3)Section 148Section 154Section 154(7)Section 40

section 154 of the Act on 18/03/2013. Thereafter, the Assessing Officer chose not to proceed under section 154 of the Act and issued notice under section 148 of the Act albeit on different grounds. Notice issued under section 148 of the Act was issued to the assessee on 17/02/2014