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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

Kalu Jat, Ajmer vs. ITO, Ward 2(2), Ajmer

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

ITA 747/JPR/2023[2015-16]Status: DisposedITAT Jaipur29 Jul 2024AY 2015-16

Bench: Hon,Ble Itat, Jaipur Bench On 07.12.2023 Against The Ex-Parte Order Passed By Ld. Cit(Appeals) Nfac, New Delhi, Order Dated 07.09.2023. The Appeal No. Is Ita No. 747/Jpr/2023. 2. The Present Appeal Was Filed With A Delay Of 31 Days. 3. That The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Local Counsel Of Appellant, As He Did Not Filed The Appeal Well Within The Specified Time. 4. Then, On 06.12.2023, Appellant Engaged A New Counsel Of Jaipur, Ca Raghuveer Singh Poonia & On The Very Next Day The New Counsel Filed The Appeal Before Hon'Ble Itat, Jaipur Bench. 5. Therefore, The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Counsel Of Appellant, Which Can Be Treated As Reasonable Cause & Bonafide Mistake Of Appellant In Good Faith In Filing The Appeal Before Hon'Ble Itat, Jaipur Bench. In View Of Above Submission Your Good Self Are Request That Kindly Consider This As Reasonable Cause To Condone The Delay & Kindly Admit The Appeal. So The Substantial Justice May Be Delivered To The Appellant." 2.2 The Ld. Ar Of The Assessee Appearing In This Appeals Submitted That The Delay Of 31 Days Is On Account Of Due To Mistake Of Earlier Local Counsel Of The Assessee, As He Did Not Inform The Assessee In Proper Time & Subsequently The Assessee Engaged A New Counsel On The Very Next Day & Filed The Appeal. Considering The Various Judicial Precedent Where In The Courts Has Considered That Change Of The New Counsel Is A Reasonable Reason & Has Considered The Delay. Even The Hon'Ble 3

Section 148ASection 56(2)(i)Section 69

relevant to assessment year 2015-16. Further, the assessee failed to file any reasonse to show cause notice issued under clause b of section 148A of the Act on 19.03.2022 fixing for 26.03.2022. various notices issued to the assessee but the assessee has failed to file any response to show

ACIT-2(1)(1), Mumbai vs. Kundan Jewellers, Mumbai

In the result, additional ground raised by the assessee is allowed and appeal filed by the Revenue is dismissed

ITA 4493/MUM/2023[2014-15]Status: DisposedITAT Mumbai25 Jul 2024AY 2014-15

Bench: Us Challenging The Validity Of Reopening U/S.147 On The Following Grounds:- “1.On The Facts & In The Circumstances Of The Case, The Commissioner Of Income-Tax (Appeals) Nfac Has Erred In Not Adjudicating The Ground Of The Assessee Challenging The Validity Of Reassessment, Which Is Time-Barred Considering The Provisions Of The Act. The Assessee Respectfully Submits That The Reassessment Made Is Time Barred & Therefore The Same Deserves To Be Quashed. 2 On The Facts & In The Circumstances Of The Case, The Cit (A) Has Erred In Not Adjudicating The Additional Ground Of Appeal Raised By The Assessee During The Course Of The Appeal Proceedings. The Assessee Respectfully Submits That The Issue Of Statutory Notices /S. 148 Of The Act By The Jurisdictional Assessing Officer Is In Violation Of The Provisions Of Section 151A Of The Act & The Notifications Issued Thereunder. Accordingly The Reassessment In Pursuance Of Such Notices Is Invalid & Deserves To Be Quashed.”

Section 115JSection 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 151Section 151ASection 68

intimated the assessee that notice u/s. 148 dated 30/06/2021 should be construed and treated as show-cause notice in terms of Section 148A(b) of the Act, in view of the judgment of Hon’ble Supreme Court in the case of Ashish Agarwal in Civil Appeal No.3005 of 2022 judgment ... that firstly, the notice u/s.148 is without jurisdiction, because, firstly, by the Finance Act 2021, earlier Sections 147 to 153 have been substituted and Section 148A was inserted which are prospective in nature w.e.f. 01/04/2021. Thus, such notice could not have been issued u/s.148A for the A.Y.2014-15. Secondly, there

Mrs. Neelam Agrawal, Kolkata vs. ITO, Ward-37(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 756/KOL/2024[2015-16]Status: DisposedITAT Kolkata22 Jul 2024AY 2015-16

Bench: Dr. Manish Borad & Shri Pradip Kumar Choubeyi.T.A. No.756/Kol/2024 Assessment Year: 2015-16 Mrs. Neelam Agarwal ………. Appellant (Pan: Adcpa3772G) Vs. Income Tax Officer, Ward-37(1), Kolkata. ………… Respondent Appearances By: Shri Sunil Surana, Ar Appeared For Appellant. Shri Abhijit Kundu, , Addl. Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 03.07.2024 Date Of Pronouncing The Order : 22.07.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2015-16 Is Directed Against The Revision Order Passed U/S 263 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Pr. Commissioner Of Income-Tax, Kolkat-13 [In Short Ld. “Pr. Cit”] Dated 15.03.2024 Arising Out Of The Assessment Order U/S 147 R.W.S. 144B Of The Act By Ao, Nfac, Delhi Dated 27.03.2022. 2. Grounds Of Appeal Raised By The Assessee Read As Under: “1. For That The Ld. Pcit Erred In Revising The Reassessment Order Which Was Itself Invalid & Bad In Law As Sanction For Reopening Of Assessment Proceedings Was Not Taken From Prescribed Authority As Per Section 151. I.T.A. No. 756/Kol/2024 Neelam Agarwal, Ay : 2015-16

Section 144BSection 147Section 148Section 151Section 263

department is directed against the order dated 3rd May, 2023, passed in WPO No. 969 of 2023, by which the order passed under section 148A(d) of the Income Tax Act, 1961 (the Act), dated 29th July, 2022, relating to the assessment year 2017-18, was challenged on the ground