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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

Vijaymala Vilas Kalokhe, Pune vs. ITO Ward-10(1), Pune

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

ITA 1666/PUN/2025[2013-14]Status: DisposedITAT Pune30 Jan 2026AY 2013-14

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1666/Pun/2025 धििाारण वर्ा / Assessment Year : 2013-14 Vijaymala Vilas Kalokhe, Ito, Ward-10(1), Pune Aditya Row House, Lane No. 2, Opp. Patel Garden, Sr. No. 8/2A, Vs. Juni Sangavi, Maharashtra-411027 Pan : Asepk8161G अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Amit Bobde Date Of Hearing : 28-01-2026 Date Of 30-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 17.06.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2013-14. 2. Briefly Stated The Facts Are That The Assessee Is An Individual. He Filed His Return Of Income For Ay 2013-14 Declaring Total Income Of Rs.2,21,050/-. The Case Of The Assessee Was Reopened U/S 147 Of The Income Tax Act, 1961 (The “Act”) After Following The Mandate Procedure As Laid Down Under The Relevant Provisions Of The Act. Accordingly, Statutory Notice U/S 142(1) Of The Act & Show Cause Letter(S) Were Issued To The Assessee From Time To Time. However, The Assessee Failed To File Any Response To The Said Notice(S) Which Constrained The Ld. Assessing Officer (“Ao”) To Pass An Ex-Parte Order U/S 144 Of The Act Based On The Material Available On Record. The Ld. Ao Proceeded To Complete The Assessment On Total Income Of Rs.2,66,70,989/-U/S 147 R.W.S. 144 Of The Act Thereby Making An Addition Of Rs.2,63,83,209/- On Account Of Undisclosed Long Term Capital Gain (Ltcg) By Observing As Under : “5.1. On-Going Through The Information Available On Record & In View Of The Order Passed U/S 148A(D) Of The Act Dated 21.07.2022, It Is Noticed That 2

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amit Bobde
Section 142(1)Section 144Section 147Section 148Section 148ASection 149(1)(b)Section 2(14)Section 2(14)(iii)Section 50C

आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.K. PANDA

Chandini Duvvuri, Hyderabad vs. ITO, (Int Taxn)-1, Hyderabad

In the result, both the appeals filed by the assessee are allowed in terms of our aforesaid observations

ITA 1855/HYD/2025[2017-18]Status: DisposedITAT Hyderabad30 Jan 2026AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1842/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) आ.अपी.सं /Ita No.1855/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siva Charan, Ca राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 28/01/2026 घोषणा की तारीख/Date Of 30/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Are Directed Against The Respective Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad, Dated 04/09/2025 & 08/09/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act, 1961 (For Short, “The Chandini Duvvuri Vs. Ito (Int. Taxn) Act”), Dated 15/05/2024 & 27/05/2025 For Ay 2016-17 & Ay 2017- 18, Respectively. As A Common Issue Is Involved In The Captioned Appeals, Therefore, The Same Are Being Taken Up & Disposed Of By Way Of A Consolidated Order. We Shall First Take Up The Appeal Filed By The Assessee For Ay 2016-17 In Ita No.1842/Hyd/2025 & The Order Therein Passed Shall Apply Mutatis Mutandis For The Purpose Of Disposing Of The Other Appeal. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

For Appellant: Shri Siva Charan, CAFor Respondent: Shri Sankar Pandi P, Sr. AR
Section 147Section 148Section 148ASection 151ASection 251(1)(a)Section 69

Kapra Branch, but had not filed his return of income, initiated proceedings under section 147 of the Act. Thereafter, notice under clause (b) of section 148A of the Act, dated 22/02/2023 was issued by the ITO, Ward-9(1), Hyderabad, i.e., Jurisdictional Assessing Officer (JAO). Also, the JAO passed ... order under section 148A(d) of the Act, dated 16/03/2023. Thereafter, the ITO, Ward-9(1), Hyderabad, i.e., JAO issued notice under section 148 of the Act, dated 27/03/2023. 3. During the course of the assessment proceedings, the AO observed that the assessee during the subject year had made time

Chandini Duvvuri, Hyderabad vs. ITO, (Int Taxn)-1, Hyderabad

In the result, both the appeals filed by the assessee are allowed in terms of our aforesaid observations

ITA 1842/HYD/2025[2016-17]Status: DisposedITAT Hyderabad30 Jan 2026AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1842/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) आ.अपी.सं /Ita No.1855/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Chandini Duvvuri, Vs. Ito (Int. Taxation)-1, Hyderabad. Hyderabad. Pan: Aympd9716A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siva Charan, Ca राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 28/01/2026 घोषणा की तारीख/Date Of 30/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Are Directed Against The Respective Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad, Dated 04/09/2025 & 08/09/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act, 1961 (For Short, “The Chandini Duvvuri Vs. Ito (Int. Taxn) Act”), Dated 15/05/2024 & 27/05/2025 For Ay 2016-17 & Ay 2017- 18, Respectively. As A Common Issue Is Involved In The Captioned Appeals, Therefore, The Same Are Being Taken Up & Disposed Of By Way Of A Consolidated Order. We Shall First Take Up The Appeal Filed By The Assessee For Ay 2016-17 In Ita No.1842/Hyd/2025 & The Order Therein Passed Shall Apply Mutatis Mutandis For The Purpose Of Disposing Of The Other Appeal. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

For Appellant: Shri Siva Charan, CAFor Respondent: Shri Sankar Pandi P, Sr. AR
Section 147Section 148Section 148ASection 151ASection 251(1)(a)Section 69

Kapra Branch, but had not filed his return of income, initiated proceedings under section 147 of the Act. Thereafter, notice under clause (b) of section 148A of the Act, dated 22/02/2023 was issued by the ITO, Ward-9(1), Hyderabad, i.e., Jurisdictional Assessing Officer (JAO). Also, the JAO passed ... order under section 148A(d) of the Act, dated 16/03/2023. Thereafter, the ITO, Ward-9(1), Hyderabad, i.e., JAO issued notice under section 148 of the Act, dated 27/03/2023. 3. During the course of the assessment proceedings, the AO observed that the assessee during the subject year had made time