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“section 148A”

ReassessmentSection 148ASection 148A2,377 judgments

The decision most relied on for section 148A is Union of India v. Rajeev Bansal (469 ITR 46), cited in 713 judgments on BharatTax.

Leading authorities on section 148A

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.

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Kunhayammed v. State of Kerala
245 ITR 360 · 2000 · Supreme Court
361
citing judgments

An order refusing special leave to appeal to the Supreme Court, whether speaking or non-speaking, does not attract the doctrine of merger, meaning the order under challenge is not substituted.

Kankanala Ravindra Reddy v. ITO
156 Taxmann.com 178 · 2023 · High Court
213
citing judgments

A notice issued under section 148 of the Income Tax Act is invalid if the Income Tax Department fails to follow the prescribed procedures, including obtaining the necessary approvals under section 151 or adhering to the faceless assessment scheme mandates under section 151A.

Varghese v. ITO, Ernakulum
4 SCC 173 · 1981 · Reported
164
citing judgments

Circulars issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act are legally binding on the revenue authorities in their administration and implementation. This binding character applies even if the circulars depart from the correct interpretation of the law and cannot be ignored to the prejudice of the assessee.

(P.) Ltd. v. ITO
221 ITR 538 · 1996 · Supreme Court
125
citing judgments

The sanction of a specified authority under Section 151 is a mandatory procedural check before issuing a notice under Section 148. This procedural safeguard aims to prevent mechanical reopening of assessments and harassment of the assessee.

Shanmugavel Nadar v. State of Tamil Nadu
263 ITR 658 · 2003 · Supreme Court
122
citing judgments

The doctrine of merger applies when appellate jurisdiction is invoked, causing the operative part of a lower court's order or decree to merge into the superior court's order, whether it reverses, modifies, or affirms the original decision. The application of this doctrine depends on the nature of the appellate or revisional order, the scope of statutory provisions, and the subject matter challenged.

Judgments citing section 148A

Arvindbhai Punabhai Patel, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

The appeal of the assessee is partly allowed

ITA 1851/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad14 Feb 2025AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1851/Ahd/2024 िनधा"रण वष" /Assessment Year : 2015-16 Arvindbhai Punabhai Patel The Ito बनाम/ 306, Mangaljoyt Ward-3(3)(1) V/S. Jodhpur Road, Ahmedabad – 380 015 Jodhpur 4 Rasta S.O., Ahmedabad – 380 015 "थायी लेखा सं./Pan: Aggpp 5322 A (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : -None- Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 13/02/2025 घोषणा की तारीख /Date Of Pronouncement: 14/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 23.08.2024, Sustaining The Penalty Of Rs. 30,000/- Imposed Under Section 271(1)(B) Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For Non- Compliance With Statutory Notices Issued Under Section 142(1) During The Course Of Assessment Proceedings For Assessment Year (Ay) 2015-16. Arvindbhai Punabhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: -None-For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 142(1)Section 144Section 148Section 148ASection 271(1)(b)Section 272(1)(b)Section 273B

returned income, leading to the reopening of the assessment. A notice under Section 148 was issued on 23.07.2022 along with the order under section 148A(d) of the Act. Subsequent notices under Section 142(1) of the Act were issued on multiple occasions, including 17.01.2023, 11.04.2023, and 25.04.2023, requiring

Russell Adrian Rodrigues, Mumbai vs. ITO, Ward 23(3)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 98/MUM/2025[2017-18]Status: DisposedITAT Mumbai14 Feb 2025AY 2017-18

Bench: Shri Sandeep Singh Karhail, Jm & Shri Girish Agrawal, Am आयकर अपील सं./Ita No98/Mum/2025 (िनधा"रण वष" / Assessment Year :2017-2018) Russel Adrian Rodrigues, Vs. Ito, Ward-23(3)(1), 101, Diiago, “B” Sherly Ranjan Mumbai Road, Bandra West, Mumbai "थायी लेखा सं./Pan No. : Adwpr 7259 P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Subhash Chhajed, Ar राज"व क" ओर से /Revenue By : Shri Kiran Unavekar, Sr.Dr सुनवाई क" तारीख / Date Of Hearing : 11/02/2025 घोषणा क" तारीख/Date Of Pronouncement : 14/02/2025 आदेश / O R D E R Per Sandeep Singh Karhail, Jm : The Assessee Has Filed The Present Appeal Against The Impugned Order Dated 28/12/2024, Passed Under Section 250 Of The Income Tax Act (“The Act”) By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“Learned Cit(A)”], For The Assessment Year 2017-18. 2. In This Appeal, The Assessee Has Raised The Following Grounds: – 1. On The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Dismissing The Assessee'S Appeal On Account Of Non-Compliance Of Section 249(4)(A) & 249(4)(B) Of The It Act., 1961 Completely Disregarding The Fact That Assessee Has Filed The Return & Paid The Due Tax Thereon As Mentioned In The Column 8.1 Of The Appeal Form No. 35. The Appellant Therefore Prays To Remand Back The Matter To Hon. Cit(A) For A Fresh Adjudication On Merits.

For Appellant: Shri Subhash Chhajed, ARFor Respondent: Shri Kiran Unavekar, Sr.DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 249(4)Section 249(4)(a)Section 250Section 250(6)

directions of the Hon’ble Supreme Court in U.O.I. v/s Ashish Agarwal, in Civil Appeal No. 3005 of 2022, an order under section 148A(d) of the Act was passed after analysing the details/information available on record. Thereafter, notice under section 148 of the Act was issued on 29/07/2022. However

M/S. Arthbharti Nagari Sahakari Patsanstha Maryadit, Latur vs. ITO, Ward-1, Latur

In the result, appeal of the Assessee is Partly Allowed

ITA 1848/PUN/2024[2018-19]Status: DisposedITAT Pune10 Feb 2025AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1848/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 M/S.Arthbharti Nagari Sahakari V The Income Tax Officer, Patsanstha Maryadit, S Ward-1, Latur. Adarsh Colony, Old Ausa Road, Latur – 413512. Pan: Aabaa2265P Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Shri Manoj Tripathi - Dr Date Of Hearing 12/12/2024 Date Of Pronouncement 10/02/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2018-19Dated 24.07.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Without Prejudice To Other Grounds & On The Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 ('The Act') It Be Held That The Assessment Proceedings So Completed Are Invalid Since The Addition Is Made On An Issue Different Than That For Which Case Was Re-Opened. Since, The Issue Of Re-Opening Did Not Survive The Assessment Proceedings Becomes Void-Ab-Initio. Accordingly, The Assessment Proceedings So Initiated & Completed Be Kindly Annulled & Appellant Be Granted Just & Proper Relief In This Respect.

Section 139(1)Section 147Section 148Section 148ASection 151Section 151ASection 250Section 80P

basis of proceedings u/s 148A of the Act are invalid since Ld. AO has erred in not properly adhering to the provisions of section 148A of the Act. Accordingly, the Assessment Proceedings u/s 147 of the Act so initiated on the basis of improper proceedings ... Assessing Officer(AO) received information that Assessee has made huge cash deposits. Therefore, Assessing Officer, ITO, Ward-1, Latur issued notice under section 148A of the Act, dated 16.03.2022. Assessee filed an elaborate reply which is at page no.11 to 13 of the paper book. Assessee pleaded that there