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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 Super Industries, New Delhi vs. ITO, New Delhi

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

ITA 2472/DEL/2016[2006-07]Status: DisposedITAT Delhi26 Mar 2021AY 2006-07

Bench: Shri R.K. Pandaassessment Year: 2006-07 Super Industries, Vs Ito, Prop. S. Jagjit Singh, Ward-33(3), L/H Shri Joginder Singh, New Delhi. N.7, Gali No.9, Anand Parbat Industrial Area, New Delhi. Pan: Aasps8033M (Appellant) (Respondent) Assessee By : Shri Ramesh Goyal, Ca Revenue By : Ms Ranu Mukherjee, Sr. Dr Date Of Hearing : 17.03.2021 Date Of Pronouncement : 26.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15Th September, 2015 Of The Cit(A)-17, New Delhi, Relating To Assessment Year 2006- 07. 2. This Appeal Was Earlier Dismissed By The Tribunal For Non-Appearance. Subsequently, The Tribunal, Vide Ma No.118/Del/2017, Order Dated 16Th February, 2018, Recalled Its Earlier Order. Hence, This Is A Recalled Matter. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & The Proprietor Of M/S Super Industries. It Filed Its Return Of Income On 27Th October, 2006 Declaring The Total Income At Rs.1,89,640/-. Subsequently, The Case Of The Assessee Was Reopened On The Basis Of Information Obtained That The Assessee Indulged In Bogus Purchases/Accommodation Entries Provided By Shri Rakesh Gupta, Shri Vishesh Gupta, Shri Navneet & Shri Vaibhav Jain. Accordingly, The Case Of The Assessee Was Reopened After Recording Reasons As Per The Provisions Of Section 147 Of The Act. Notice U/S 148 Dated 28Th March, 2013 Was Issued & Served Upon The Assessee. The Ao, Thereafter, Issued Statutory Notices. Rejecting The Various Explanations Given By The Assessee & Observing That The Assessee Has Made Bogus Purchase Of Rs.13,03,692/- From Shree Bankey Bihari Trading Co. & Shree Shyam Trading Co., Which Are Owned By The Persons Named Earlier, Made Addition Of Rs.13,03,692/- U/S 69C Of The It Act.

For Appellant: Shri Ramesh Goyal, CAFor Respondent: Ms Ranu Mukherjee, Sr. DR
Section 147Section 148Section 69C

matter, which is to be decided by the writ court, but existence on belief is the subject-matter of the scrutiny. A notice under section 148 can be quashed if the "belief" is not bonafide, or one based on vague, irrelevant and non-specific information. The basis of the belief

M/S. Kalinga Conduits Electricables (P) Ltd., New Delhi vs. Pr. CIT- 9, New Delhi

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

ITA 3287/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Mar 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Kalinga Conduits Electricables (P) Vs Pr. Cit-9, Ltd., New Delhi. 81/41, Punjabi Bagh West, New Delhi. Pan : Aacck5784H (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate; Shri Rajiv Sabharwal, Ca; & Shri Lalit Mohan, Ca. Revenue By : Mrs. Aashna Paul, Cit-Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : 24.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd March, 2017 Passed U/S 263 Of The It Act, 1961 By The Pcit, New Delhi, Relating To The Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 30Th September, 2010 Declaring An Income Of Rs.5,940/-. The Said Return Was Processed U/S 143(1) Of The Act. Subsequently, The Cit-Ii, New Delhi, Vide His Letter No. File 148/2012-13/2817 Dated 15Th March, 2013, Forwarded The Letter Of Investigation Ii, Delhi, Vide F. No.Dit (Inv.)-Ii/U/S 148/2012-13/197 Dated 12Th March, 2013 Giving Information About An Accommodation Entry Of Rs.40 Lakhs Received By The Assessee From M/S Victory Software Pvt. Ltd., Zenith Automotive Pvt. Ltd. & Humtum Marketing Pvt. Ltd. Based On The Above, The Ao Issued Notice U/S 148 After Recording The Reasons.

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Mrs. Aashna Paul, CIT-DR
Section 143(1)Section 143(2)Section 147Section 148Section 263

Apart from above, the assessee humbly submits that your 'goodself has referred to various material which has been made the basis for issuing notice under section 148 of the Act and none of such material has been supplied to tile assessee. It is submitted thus the following material as referred