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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

Jasaram Kesramji Rathod, Navi Mumbai vs. ITO Ward 28(1)(1), Navi Mumbai

In the result, the Assessee‟s appeal is allowed

ITA 5687/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Dec 2025AY 2013-14

Bench: Shri Narender Kumar Choudhryassessment Year: 2013-14 Jasaram K. Rathod, Income Tax Officer, Shop No.1, Plot No.391, Ward-28(1)(1), Saidham Building, Vs. It Office, Sector 19, Opp: Jimmy Tower, Vashi Railway Station Building, Kopar Khairne, Navi Mumbai-400703. Navi Mumbai-400709. Pan : Aacpc3348K (Appellant) (Respondent) For Assessee : Shri Pritam Kulapkar, Ld. Ar For Revenue : Shri A.M.K. Mahadevan, Ld. Sr.Dr Date Of Hearing : 20-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 23-07-2025 Impugned Herein Passed By National Faceless Appeal Centre (Nfac), Delhi (In Short „Nfac‟)/Ld. Commissioner Of Income Tax (In Short „Ld. Commissioner‟) U/S. 250 Of The Income Tax Act 1961 (In Short „The Act‟) For The Ay. 2013-14. 2. In The Instant Case, The Assessee Had Declared His Total Income Of Rs. 16,97,210/-By Filing His Return Of Income For The Year Under Consideration On Dt. 01-11-2013, Which Was Subsequently Reopened For Re-Assessment U/S. 147 Of The Act By Issuing Notice Dt. 30-03-2021 U/S. 148 Of The Act, Mainly On The Reason That The Assessee Though Made Cash Payment Of Rs. 22,50,000/-For Purchase Of Land With Shri Mahesh M. Munde & 11 Others, But Has Not Offered The Same For Taxation For The Ay. 2013-14. 2 3. The Assessee In Response Filed His Return Of Income On 05-01-2022, Declaring Total Income At Rs. 16,97,210/-As Declared Originally. The Said Return Filed By The Assessee Was Declared/Considered As Belated And/Or Filed After The Stipulated Time Given In The Notice Dt. 30-03-2021 U/S. 148 Of The Act I.E., Within Thirty Days And, Therefore, The Same Was Treated As „Nonest’ & Accordingly The Case Of The Assessee Was Finalized U/S. 144 Of The Act Making The Addition Of The Aforesaid Amount Of Rs. 22,50,000/- By Passing The Assessment Order Dt. 29-03-2022 U/S. 147 R.W.S. 144B Of The Act.

For Appellant: Shri Pritam Kulapkar, Ld. ARFor Respondent: Shri A.M.K. Mahadevan, Ld. Sr.DR
Section 144Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 250

taking refuge of TOLA, issued notice dt. 31-03-2021 u/s. 148 of the Act. But thereafter admittedly no notice or order either under section 148A(b) or 148A(d) or 148 of the Act, has ever been passed/issued by the AO. Further escaped income, which was taken into consideration

Income Tax Officer, Rohtak vs. Pankaj Jain, Rohtak

In the result, the appeal filed by the Revenue is dismissed

ITA 2295/DEL/2025[2018-19]Status: DisposedITAT Delhi30 Dec 2025AY 2018-19

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmaincome Tax Officer, Vs. Pankaj Jain, Rohtak. 123/34, Vishwakarma Kathmandi, Rohtak – 124 001 (Haryana). (Pan : Azupj6345A) (Appellant) (Respondent) Assessee By : Shri Shri Naveen Gupta, Advocate Shri Nakul Gupta, Advocate Revenue By : Shri Ajay Kumar Arora,Sr. Dr Date Of Hearing : 06.11.2025 Date Of Order : 30.12.2025 Order 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 04.02.2025 For The Assessment Year 2018-19 Raising Following Grounds Of Appeal :- “1. The Learned Cit(A) Has Erred In Law & On Facts In Not Upholding The Validity Of The Notice Issued Under Section 148 Of The Income Tax Act, 1961 (The Act) Without The Proper & Mandatory Compliance With The Provisions Of Section 148A(B). 2. The Learned Cit(A) Has Further Erred In Law & On Facts By Failing To Consider That The Then Ao Has Given Notice U/S 148A(B) To Assessee On 31.03.2022

For Appellant: Shri Shri Naveen Gupta, AdvocateFor Respondent: Shri Ajay Kumar Arora,Sr. DR
Section 133(6)Section 142(1)Section 143Section 147Section 148Section 148ASection 151Section 151ASection 292BSection 37(1)

notice issued under section 148 of the Income Tax Act, 1961 (the Act) without the proper and mandatory compliance with the provisions of section 148A(b). 2. The learned CIT(A) has further erred in law and on facts by failing to consider that the then AO has given notice ... provision of 149 the period of limitation available to the AO for passing an orderunder clause (d) of section 148A is less than seven days, such remaining period shallbe extended to seven days and the period of limitation under this sub-section shall be deemed to be extended accordingly