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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

Dayachary Ponnekanti, Hyderabad vs. DCIT, Circle 1(1), Hyderabad

ITA 1985/HYD/2025[2016-17]Status: DisposedITAT Hyderabad11 Mar 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia(In आयकर अपीलसं./I.T.A. No.1985/Hyd/2025 (निर्धारणवर्ष/ Assessment Year:2016-17) Dayachary Ponnekanti, Hyderabad. Pan: Ahspp5496L Vs. Dcit, Circle-1(1), Hyderabad. (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) करदाताकाप्रतिनिधित्व/ Assessee Represented By राजस्वकाप्रतिनिधित्व/ Department Represented By सुनवाईसमाप्तहोनेकीतिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/ Date Of Pronouncement Shri H. Srinivasulu, Advocate Shri Mathivanan S A, Sr. Ar 02/03/2026 11/03/2026 Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Dayachary Ponnekanti, ("The Assessee"), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)") Dated 08/10/2025 For The A.Y.2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

Section 143Section 144Section 147Section 148Section 148ASection 69Section 69A

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad 'A' Bench, Hyderabad श्री विजय पाल राव, उपाध्यक्ष

Income Tax Officer 9(1)(1), Mumbai vs. Astra Exim Pvt Ltd, Mumbai

ITA 230/MUM/2025[2016-17]Status: DisposedITAT Mumbai09 Mar 2026AY 2016-17

Bench: Shri Sandeep Gosain & Shri Om Prakash Kantι.Τ.Α. Nos. 198 & 230/Mum/2025 A.Ys: 2014-15 & 2016-17 Ito Officer 9 (1)(1) Room No. 205, Aayakar Bhavan Room No. 205, M.K. Road Mumbai - 400020 (Appellant) Vs Astra Exim Pvt Ltd Unit No. 4101, 4Th Floor, Oberoi Garden Estate, С- Wing, Off Saki Vihar Road, Chandivili, Andheri (E), Mumbai - 400072 Pan: Aadca9987A (Respondent) Co. No. 108/Mum/2025 A.Y: 2014-15 Astra Exim Pvt Ltd Unit No. 4101, 4Th Floor, Oberoi Garden Estate, С- Wing, Off Saki Vihar Road, Chandivili, Andheri (E), Mumbai - 400072 Pan: Aadca9987A (Appellant) Vs Ito Officer 9 (1)(1) Room No. 205, Aayakar Bhavan Room No. 205, М.К. Road Mumbai - 400020 (Respondent) Appellant By Shri Gaurav Bansal Respondent By Shri Rajesh Kumar Yadav Cit –Dr & Shri Surendra Mohan (Sr.Dr) Date Of Hearing 16.12.2025 Date Of Pronouncement 09.03.2026 Order Astra Exim Pvt. Ltd., Mumbai Per Sandeep Gosain (Jm): The Present Appeals Have Been Filed By The Revenue & Cross Objections By The Assessee Challenging The Impugned Order Dt. 24.11.2024 Passed Under Section 250 Of The Income Tax Act, 1961 ('The Act'), By The National Faceless Appeal Centre (Nfac) / Cit(A) For The Assessment Years 2014-15 & 2016-17. 2. Since All The Issues Involved In These Appeals & Cross Objection Are Common & Identical & Belongs To One Assessee Therefore, They Have Been Clubbed, Heard Together & Consolidated Order Is Being Passed. Firstly, We Shall Take Ita No. 198/Mum/2025, A.Y 2014-15 As Lead Case & Facts Narrated Therein.

Section 144BSection 148Section 148ASection 250

Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was right in quashing the order passed under Section 148A(d) by the Jurisdictional Officer (JAO) and the notice issued under Section 148 by the JAO, given that the Finance Act, 2021 introduced provisions ... case and in law, the Ld. CIT(A) was right in quashing the order passed by the Jurisdictional Assessing Officer (JAO) under Section 148A(d) and the notice issued by the JAO under Section 148, failed to appreciate that the same are consistent with the legislative intent, when the powers