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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

Mr. Tulsi C Bhimjyani, Mumbai vs. Dy CIT CC 3 (2)(2), Mumbai

In the result, the appeal filed by the assessee is partly allowed

ITA 429/MUM/2020[2009-10]Status: DisposedITAT Mumbai06 Jan 2022AY 2009-10

Bench: Sri Vikas Awasthy, Jm & Sri Prashant Maharishi, Am आयकर अऩीऱ सुं./ Ita No. 429/Mum/2020 (यनधाियण िषि / Assessment Year 2009-10) Mr. Tulsi C. Bhimjyani The Dy. Commissioner Of 301, A Wing, Fortune 2000, Income Tax, Circle-3(2)(2), Bandra Kurla Complex, Mumbai-400 020 बनाम/ Bandra East, Vs. Mumbai-400 051 (अऩीऱाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी ऱेखा सुं./Pan No. Aabpb4740P अऩीराथी की ओय से / Appellant By : Shri Gaurav Bansal, Ar प्रत्मथी की ओय से / Respondent By : Shri Milind Chavan, Dr सुनिाई की तायीख / Date Of Hearing: 23.12.2021 घोषणा की तायीख / Date Of Pronouncement : 06.01.2022 आदेश / O R D E R प्रशाुंत महर्षि, ऱेखा सदस्य के द्वारा / Per Prashant Maharishi, Am:

For Appellant: Shri Gaurav Bansal, ARFor Respondent: Shri Milind Chavan, DR
Section 143(3)Section 147Section 148

Therefore, according to the Assessing Officer he has reasoned to believe that income amounting to ₹13,73,945/- has escaped the assessment. 05. Notice under section 148 was issued at 18.03.2014. On 11.04.2014, assessee requested to consider the original return as compliance to the above notice. The learned Assessing Officer

M/S Jaybharat Textiles and Real Estate Ltd., Mumbai vs. DCIT CC 5(3), Mumbai

ITA 1090/MUM/2020[2011-12]Status: DisposedITAT Mumbai06 Jan 2022AY 2011-12

Bench: Sri Kuldip Singh, Jm & Sri Prashant Maharishi, Am आयकर अऩीऱ सुं./ Ita No. 1090/Mum/2020 (ननधधायण वर्ा / Assessment Year 2011-12) M/S Jaybharat Textiles & The Dy. Commissioner Of Real Estaet Ltd. Income Tax, 11/12, Raghuvanshi Mill Central Circle 5(3), R.No. 1906, 19Th Floor, Compound, बनाम/ Senapati Bapat Marg, Air India Building, Vs. Lower Parel (W), Nariman Point, Mumbai-400 013 Mumbai-400 021 (अऩीऱाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी ऱेखा सुं./Pan No. Aaacj5959L अऩीरधथी की ओय से / Appellant By : None प्रत्मथी की ओय से / Respondent By : Shri Pinisetty Satya Prasanth, Dr सुनवधई की तधयीख / Date Of Hearing: 29.12.2021 घोर्णध की तधयीख / Date Of Pronouncement : 06.01.2022 आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri Pinisetty Satya Prasanth
Section 13Section 14Section 143(2)Section 143(3)Section 144Section 147Section 148Section 69

assessee. The provider of the accommodation entry did not have any credentials for providing of such entry and thereafter, after recording the reasons notice under section 148 was issued on 27.03.2018. On 03.10.2018, after repeated notices assessee filed its return of income in response to reopening of the assessment. Assessee

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

Assessing Officer simply relied upon the information received from the office of DIT (Investigation) and did not independently appreciate the facts and therefore, notice under section 148 should be quashed. The appellant has also raised objection that there is evidence of satisfaction of the Commissioner of Income Tax. The appellant ... from these persons in the garb of share application monies during the relevant year, the Assessing Officer issued notice under section 148 of the Act reopening the assessment of the assessee. In the course of the reassessment proceedings, the Assessing Officer issued a questionnaire to the assessee. The assessee sought