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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

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

ITA 1583/MUM/2022[2012-13]Status: DisposedITAT Mumbai28 Sept 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Mr. K. Gopal, Sr. Adv. &For Respondent: Mrs. Usha Gaikwad, DR
Section 68

Subsequently, the assessment has been reopened by way of Subsequently, the assessment has been reopened by way of issue of notice under section 148 of the issue of notice under section 148 of the Act dated 29/03/2017. The dated 29/03/2017. The Assessing Officer in the impugned assessment order has mention ... 1583/M/2022 5.5 The objections raised by the assessee agains The objections raised by the assessee against the notice under t the notice under section 148 of the Act Act dated 29/03/2017, were disposed of by the dated 29/03/2017, were disposed of by the Assessing Officer. During the reassessment proceeding

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

ITA 1582/MUM/2022[2011-12]Status: DisposedITAT Mumbai28 Sept 2022AY 2011-12

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Mr. K. Gopal, Sr. Adv. &For Respondent: Mrs. Usha Gaikwad, DR
Section 68

Subsequently, the assessment has been reopened by way of Subsequently, the assessment has been reopened by way of issue of notice under section 148 of the issue of notice under section 148 of the Act dated 29/03/2017. The dated 29/03/2017. The Assessing Officer in the impugned assessment order has mention ... 1583/M/2022 5.5 The objections raised by the assessee agains The objections raised by the assessee against the notice under t the notice under section 148 of the Act Act dated 29/03/2017, were disposed of by the dated 29/03/2017, were disposed of by the Assessing Officer. During the reassessment proceeding

ITO -33 (1) (1), Mumbai vs. Shri Kalpesh C.Shah, Mumbai

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

ITA 1581/MUM/2022[2010-11]Status: DisposedITAT Mumbai28 Sept 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Mr. K. Gopal, Sr. Adv. &For Respondent: Mrs. Usha Gaikwad, DR
Section 68

Subsequently, the assessment has been reopened by way of Subsequently, the assessment has been reopened by way of issue of notice under section 148 of the issue of notice under section 148 of the Act dated 29/03/2017. The dated 29/03/2017. The Assessing Officer in the impugned assessment order has mention ... 1583/M/2022 5.5 The objections raised by the assessee agains The objections raised by the assessee against the notice under t the notice under section 148 of the Act Act dated 29/03/2017, were disposed of by the dated 29/03/2017, were disposed of by the Assessing Officer. During the reassessment proceeding

M/S Bab Leather Products International, Thirumudivakkam vs. DCIT, Chenai

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

ITA 665/CHNY/2022[2015-2016]Status: DisposedITAT Chennai26 Sept 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.665/Chny/2022 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Bab Leather Products The Deputy Commissioner Of International, 162/163, Sidco Vs. Income Tax, Industrial Estate, Thirumudivakkam, Non Corporate Circle 4(1), Chennai 600 044. Chennai. [Pan:Aaafb6228M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate ""थ" की ओर से/Respondent By : Shri K.N. Dhandapani, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 28.07.2022 Relevant To The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2015-16 On 23.09.2015 Declaring The Total Income At ₹.54,09,150/-. The Case Was Selected For Scrutiny & 2

For Appellant: Shri G. Tarun, AdvocateFor Respondent: Shri K.N. Dhandapani, Addl. CIT
Section 139(1)Section 143(3)Section 144BSection 147Section 148Section 43B

respect of EPF and ESI. Accordingly, the Assessing Officer reopened the assessment under section 147 of the Act and issued notice under section 148 of the Act. After following due procedure and considering the submissions of the assessee, the Assessing Officer has completed the assessment under section 144B r.w.s

Sivakumaran Pugazhendhi, Chennai vs. PCIT, Chennai-4

In the result, the appeal of the assessee is allowed

ITA 27/CHNY/2022[2014-15]Status: DisposedITAT Chennai21 Sept 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.27/Chny/2022 िनधा"रण वष" /Assessment Year: 2014-15 Sivakumaran Pugazhendhi, The Principal Commissioner 70 Raja Agraharam Street, Vs. Of Income Tax, Poonamalle, Chennai-4. Chennai – 600 056. [Pan: Aiapp-7309-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. T.V. Muthu Abirami, Advocate ""यथ" क" ओर से /Respondent By : Shri M. Rajan, Cit सुनवाई क" तारीख/Date Of Hearing : 05.09.2022 : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R

For Appellant: Ms. T.V. Muthu Abirami, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 147Section 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