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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

Binod Choudhary, Ramgarh, Jharkhand vs. Inocme Tax Officef, Ramgarh

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

ITA 443/RAN/2024[2015-16]Status: DisposedITAT Ranchi21 Jan 2026AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.443/Ran/2024 Assessment Year: 2015-16 Binod Choudhary……………………..…….…............................……….……Appellant Maa Santana Complex, Thana Chowk, Ramgarh, Jharkhand- 828122. [Pan: Axdpc5704B] Vs. Ito, Ward-2(3), Ramgarh…...….....…..…..….........……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Appellant. Shri Kanhaiya Lal Kanak, Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 16, 2026 Date Of Pronouncing The Order : January 21, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 24.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & A Non-Filer Of Income-Tax Return. In The Case Of The Assessee, Information Was Received From The Annual Information Report (Air)/Al, On The Basis Of Which The Assessing Officer Initiated Proceedings Under The Income- Tax Act. Accordingly, Notice Under Section 148 Of The Act, Followed By Proceedings Under Section 148A(B), Was Issued To The Assessee. It Was The Contention Of The Assessee That Since The Taxable Income Was Below The Prescribed Threshold, No Return Of Income Was Filed For Assessment Year 2015–16. However, It Was Noticed By The Assessing Officer That The

Section 148Section 148ASection 250

which the Assessing Officer initiated proceedings under the Income- tax Act. Accordingly, notice under section 148 of the Act, followed by proceedings under section 148A(b), was issued to the assessee. It was the contention of the assessee that since the taxable income was below the prescribed threshold, no return

Vikramkumar Kishanlal Mehta, Mahisagar vs. The DCIT, Anand Circle, Anand

In the result, the appeal of the assessee stands partly allowed

ITA 313/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad21 Jan 2026AY 2018-19

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.313/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Vikramkumar Kishanlal The Dcit बनाम/ Mehta Anand Circle V/S. C/O. Mahesh Masala Gruh Anand – 388 001 Udhyog 21, Gidc Estate Balasinor Mahisagar – 388 255 "थायी लेखा सं./Pan: Aqhpm 9958 I (अपीलाथ)/ Appellant) (*+ यथ)/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Sher Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 18/12/2025 घोषणा की तारीख /Date Of Pronouncement: 21/01/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred 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 05/02/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2018-2019. 2. The Assessee, In This Appeal, Has Taken The Following Grounds Of Appeal: Vikramkumar Kishanlal Mehta Vs. Dcit Asst. Year : 2017-19

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Sher Singh, CIT-DR
Section 115BSection 147Section 148Section 148ASection 250Section 68Section 69

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “डी“,अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD "ी संजय गग", "ाियक सद