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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

Reshma Kamal Abichandani, Manila Philippines vs. Asst. Commissioner, International Taxition Delhi

The appeal of the assessee is allowed

ITA 3499/DEL/2024[2018-19]Status: DisposedITAT Delhi20 Nov 2024AY 2018-19

Bench: Shri Anubhav Sharma & Shri Brajesh Kumar Singhassessment Year: 2018-19 Reshma Kamal Abichandani, Vs Acit, E-367, Ramesh Nagar, Circle (1)(1), Delhi – 110 012. Delhi. Pan: Bcqpa3616R (Appellant) (Respondent) Assessee By : Shri Rajesh Dua, Ca & Shri J.K. Aggarwal, Ca Revenue By : Ms Prajna Paramita, Cit-Dr Date Of Hearing : 28.10.2024 Date Of Pronouncement : 20.11.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 29.01.2024 Passed U/S 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Circle International Taxation 1(1)(1), Delhi (Hereinafter Referred To As The Ld. Ao) For Assessment Year 2018- 19. 2. Heard & Perused The Record.

For Appellant: Shri Rajesh Dua, CA &For Respondent: Ms Prajna Paramita, CIT-DR
Section 143(3)Section 147Section 148Section 148ASection 285B

defended the orders of the ld. tax authorities below, but we find that while passing the order under clause (d) of section 148A of the Act, the AO does not discusses a word of the facts recapitulated above with regard to the reasons for the assessee not filing the return ... giving explanation to the flagged information duly supported with evidences. The copy of order under clause (d) of section 148A of the Act available at pages 36- 37 of the paper book leaves no doubt in the mind of this Bench that there is complete non-application of mind

Amalendu Kumar Modak, Kolkata vs. Income Tax Officer, 50(1), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1367/KOL/2024[2017-18]Status: DisposedITAT Kolkata19 Nov 2024AY 2017-18

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Year: 2017-18 Amalendu Kumar Modak, Income Tax Officer, 50(1), Karer Ganga, Laha Bagan, Garia, Income Tax Office, Civil Centre, Vs Garia Main Road, Kolkata-700084, Uttarapan Complex, West Bengal Manicktala, Kolkata-700 067, West Bengal (Appellant) (Respondent) Pan: Aekpm9399G Present For: Appellant By : Shri Indranil Banerjee, Ar Respondent By : Shri Pradip Kumar Biswas, Dr Date Of Hearing : 14.11.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Rakesh Mishra: This Appeal Filed By The Assessee Is Against The Order Of The National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “The Ld. Cit (A)”] Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ay 2017-18 Dated 14.11.2024, Which Has Been Passed Against The Assessment Order U/S 147 Read With Section 144 Read With Section 144B Of The Act, Dated 29.05.2023. 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Indranil Banerjee, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 144Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(a)Section 151Section 151ASection 250

barred by limitation ). B 2. Without prejudice to Ground No. B1 above, even otherwise, the successive notices issued under section 148 and thereafter, under sections 148A and Sec. 148 , had been devoid of any legality and would , thus, deserve being quashed , in the absence of their respective sanctions , vide Amended

Bhawani Castings Private Limited, Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, appeal of assessee is allowed

ITA 1362/DEL/2024[2018-19]Status: DisposedITAT Delhi19 Nov 2024AY 2018-19

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.1362/िद"ी/2024 (िन.व. 2018-19) Bhawani Castings P. Ltd., Kn/F-1, Gali No. 10, Anand Parbat, ...... अपीलाथ"/Appellant Industrial Area, Delhi 110005 Pan: Aaacb-4622-Q बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 4(2), C.R Building, New Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Ashwani Kumar & Ankur Agarwal, Chartered Accountants "ितवादी"ारा/Respondent By : Ms. Kirti Sankratyayan, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 21.02.2024, For Assessment Year 2018-19. 2. The Assessee Has Challenged The Order Of Cit(A) On Following Grounds:

For Appellant: S/Shri Ashwani Kumar &For Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 147Section 148ASection 250

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