← All Phrases

“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

Infinite Expeditions Pvt. Ltd., Modinagar, Ghaziabad, Uttar Pradesh vs. Income Tax Officer, Ward 2(1)(1), Ghaziabad

In the result, grounds of appeal raised by assessee are allowed

ITA 6968/DEL/2025[2018-19]Status: DisposedITAT Delhi23 Dec 2025AY 2018-19

Bench: Shri Pawan Singh(Physical Hearing) Infinite Expeditions Pvt. Ltd. Income Tax Officer, Ward 2(1)(1), B.K. Complex, S-3, Opp. Krishna Vs Ghaziabad. Kunj Colony, Tibra Road, Modinagar, Income Tax Building, Cgo Ghaziabad, Uttar Pradesh-201204 Complex-1, Purani Hapur Chungi, [Pan: Aaeci0872M] Ghaziabad, Uttar Pradesh-201002 Appellant / Assessee Respondent / Revenue Assessee By Shri Lakshay Gupta, Ca Revenue By Shri Virendra Kumar Singh, Sr. Dr Date Of Institution Of Appeal 31.10.2025 Date Of Hearing 01.12.2025 Date Of Pronouncement 23.12.2025 Order Under Section 254(1) Of Income Tax Act

Section 143(1)Section 147Section 148Section 148ASection 151ASection 254(1)Section 68

assessee. The assessee neither attended nor filed any reply accordingly, order under section 148A (d) was passed on 30.03.2022. Consequent, upon notice under section 148 dated 30.03.2022 was also issued. The Assessing Officer recorded that in response to notice under section 148 dated 30.03.2022, the filed its return of income ... notices thereafter, order under section 148A (d) dated 30.03.2022 was issued by Assessing Officer. Infinite Expeditions Pvt Ltd. (AY 2018-19) In the notice under section 148 dated 30.03.2022, the assessee was asked to file return of income in prescribed form, copy of notice was filed. Return of income

Saryu Devi, Ranchi vs. ITO, Ward-1(1), Ranchi

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

ITA 251/RAN/2025[20-21]Status: DisposedITAT Ranchi22 Dec 2025

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.251/Ran/2025 Assessment Year: 2020-21 Saryu Devi…..………...…………….…….…............................……….……Appellant W/O Hira Nath Singh, Neori, Vikas, Sadar Ranchi, Jharkhand- 835217. [Pan: Geppd1201D] Vs. Ito, Ward-1(1), Ranchi…..….....…..…..….........……........……...…..…..Respondent Appearances By: Shri M. K. Choudhury, Ar, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : December 22, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 10.06.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Is An Individual Lady, Residing In A Village Area. She Had Not Filed Any Return Of Income For The Assessment Year 2021–22 As, According To Her, She Had No Taxable Income. The Assessee Was Not Registered On The Income-Tax E-Filing Portal During The Relevant Period. Her E-Filing Registration Was Done For The First Time On 09.03.2025. The Ao Received Information Through The Risk Management Strategy (Rms) That The Assessee Had Purchased Immovable Property For A Consideration Of ₹30,70,000. Based On This Information, Proceedings Under Section 147 Of The Act Were Initiated After Following

Section 142(1)Section 144Section 147Section 148Section 148ASection 151Section 250Section 69A

Saryu Devi the procedure prescribed under section 148A, and approval under section 151 of the act was stated to have been obtained. Thereafter, notice under section 148 was issued, followed by notices under section 142(1) of the Act seeking compliance. As per the ld. AO, the assessee ... time of hearing the Ld. AR of the assessee raised both legal and factual grounds, invalid Assumption of Jurisdiction as no notice under Section 148 of the act was served upon the assessee and without serving notice assumption of jurisdiction is bad in law as assessee was not registered