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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

Ganesan Neelamegam, Kancheepuram vs. ITO, Ward 1 Kancheepuram, Kancheepuram

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

ITA 3131/CHNY/2025[2018-19]Status: DisposedITAT Chennai28 Jan 2026AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3131/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Ganesan Neelamegam, The Income Tax Officer, No.116/112, North Street, Vs. Ward 1, Ayyampettai S.O, Kancheepuram. Ayyampettai, Kancheepuram – 631 601. Pan: Aeypn 9036M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. Srinithi, Advocate For Shri N.V. Balaji, Advocate ""यथ" क" ओर से/Respondent By : Shri N. Rajakumar, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 28.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 28.01.2026

For Appellant: Ms. Srinithi, AdvocateFor Respondent: Shri N. Rajakumar, Addl.CIT
Section 144BSection 147Section 148Section 148ASection 250

notice that the assessee has filed a legal ground (Ground No.5) challenging the validity of the assumption of jurisdiction for issuance of notice under section 148A of the Act. The Ld.AR vehemently argued that the notice under section 148 of the Act issued by the Income Tax Officer, Ward ... First Appellate Authority (FAA) 4. We have heard rival submissions and perused the material on record. On perusal of the notice issued under section 148A of the Act dated 31.03.2022, we note that the same has been issued by the Income Tax Officer, Ward 1, Kancheepuram [JAO], which has been

Sunil Kumar Singh, New Delhi vs. Income Tax Officer, Ward 60(5), Delhi, New Delhi

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

ITA 3657/DEL/2025[2013-14]Status: DisposedITAT Delhi28 Jan 2026AY 2013-14

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarsunil Kumar Singh, Vs. Income Tax Officer, S-172B, Pandav Nagar, Ward 60 (5), Delhi. Laxmi Nagar, Delhi – 110 092. (Pan : Bbfps2668B) (Appellant) (Respondent) Assessee By : Shri Sumit Lal Chandani, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 19.01.2025 Date Of Order : 28.01.2026 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 03.03.2025 For The Assessment Year 2013-14 Raising Following Grounds Of Appeal :- 1. That The Notice Issued Under Section 148 Of The Income Tax Act, 1961 (‘The Act’) & The Consequential Proceedings Are Illegal, Bad In Law, Without Jurisdiction & Barred By Time Limitation. 2. That The Commissioner Of Income Tax (Appeals) [‘Cit(A)’] Has Erred In Not Quashing The Reassessment Proceedings, Which Are Ex Facie Bad In Law & In Violation Of The Settled Judicial

For Appellant: Shri Sumit Lal Chandani, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 115BSection 147Section 148Section 148ASection 149Section 151Section 68

year 2017-18 - Assessing Officer issued a notice under section 148 dated 28-6-2021 - Thereafter, Assessing Officer issued a show cause notice under section 148A(b) dated 24-5-2022 - Since assessee did not file any reply within due date given, i.e., 7-6-2022, Assessing Officer passed ... order under section 148A(d) dated 28-7- 2022 and issued a notice under section 148 dated 28-7-2022 - It was noted that original notice under section 148 was issued on 28-6-2021 and therefore, last date on which notice could have been issued under old regime