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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

M/S. Shree Sant Gajanan Nagri Sahkari Patsahth, Thane vs. Dy Commissioner of Income Tax -2, Kalyan

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

ITA 1178/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Sept 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhm/S. Shree Sant Vs. Dcit-2, Gajanan Nagri Sahkari 2Nd Floor, Mohan Plaza, Patsahtha, Wayle Nagar, Shop No. 8/Plot No. Khadakpada, 48, Parshwnath Kalyan West – 421 301. Towers, Suryoday Chs Maharashtra. Ltd, Near Dns Bank, Ambernath, Thane -421501. Maharashtra. Pan/Gir No. Aafts9566E Appellant .. Respondent Appellant By : Shri Viraj Mehta.Ar Respondent By : Shri. Tejinder Pal Singh.Dr Date Of Hearing 05.09.2022 Date Of Pronouncement 06.09.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 144 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: M/S Shree Sant Gajanan Nagri Sahkari Patsahth, Mumbai. Legal:

For Appellant: Shri Viraj Mehta.ARFor Respondent: Shri. Tejinder Pal Singh.DR
Section 143Section 144Section 147Section 148Section 151Section 68Section 80P

section 147/148 is bad in law The action of the Ld. A.O. in reopening the assessment of the Appellant by issuance of the notice under section 148 of the Act without recording valid and proper reasons to show that any income chargeable to tax has escaped assessment is erroneous. Hence ... notice under section 148 and subsequent assessment order passed under section 143 r.w.s. 147 is bad in law and the same may be quashed and set aside. 2. Sanction not obtained as per section 151 The action of the Ld. A.O. in reopening the assessment without following proper sanctions

Raj Rayon Industries Ltd, Mumbai vs. PCIT, Mumbai

In the result, the appeal of the assessee is allowed

ITA 830/MUM/2022[2017-18]Status: DisposedITAT Mumbai02 Sept 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.830/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Raj Rayon Industries Ltd बिधम/ Pcit-3 Survey No. 177/1/3 & 612, 6Th Floor, Aayakar Vs. 177/1/4, Village Surangi, Bhavan, Maharishi Karve Silvassa-396230 (Ut Of Road, Mumbai-400020. Dadra & Nagar Haveli & Daman & Diu)-396230. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacr7820E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satish Mody Revenue By: Shri T. Sankar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-03 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 03.03.2022 For Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Satish ModyFor Respondent: Shri T. Sankar (Sr. AR)
Section 143(3)Section 147Section 148Section 263

held as under: - “ 3. The question involved in the Petition is; “Whether the Authorities of the Income Tax Department can issue notice under Section 148 of the Income Tax Act, 1961 to a Corporate Debtor, calling upon it to submit a return in the prescribed form for the assessment year ... approval of the Resolution Plan. In fact, he has raised a preliminary objection of maintainability of the Petition by contending that once notice under Section 148 is issued, a proper course of action for the noticee is to file its returns and if he so desires, then to seek reasons