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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

DCIT Circle 43(1), New Delhi vs. Charu Goel, Delhi

In the result,the appeal filed by the Revenue and the Cross

ITA 4863/DEL/2024[2014-15]Status: DisposedITAT Delhi08 Dec 2025AY 2014-15

Bench: Shrimahavir Singh, Hon’Ble & Shrisanjay Awasthiआ.अ.सं/.I.T.A No.4863/Del/2024 िनधा"रणवष"/Assessment Year: 2014-15 Dcit, Vs. Charu Goel, Circle 43(1), 6/22, East Punjabi Bagh, 1704, 17Th Floor, E 2 Block, New Delhi. Civic Centre, New Delhi. Pan No.Aalpg3062F अपीलाथ" Appellant ""यथ"/Respondent & Co No.16/Del/2025 (Arising Out Of Ita No.4863/Del/2024) िनधा"रणवष"/Assessment Year: 2014-15 बनाम Charu Goel, Dcit, 6/22, East Punjabi Bagh, Vs. Circle 43(1), 1704, 17Th Floor, E 2 Block, New Delhi. Pan No.Aalpg3062F Civic Centre, New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 148Section 250Section 68Section 69C

June2021. 79. Under Finance Act 2021, the assessing officer was required to obtainprior approval or sanction of the specified authorities at four stages: a. Section 148A(a) - to conduct any enquiry, if required, with respect to theinformation which suggests that the income chargeable to tax has escapedassessment; b. Section 148A ... suggests thatincome chargeable to tax has escaped assessment. It must be noted thatthis requirement has been deleted by the Finance Act 2022;33 c. Section 148A(d) - to pass an order deciding whether or not it is a fit casefor issuing a notice under section 148; and d. Section

Swami Darshanand Institute of Management and Technology, Haridwar vs. ITO, W-1(3)(1), Haridwar

In the result, appeal of the assessee is allowed

ITA 129/DDN/2025[2015-16]Status: DisposedITAT Dehradun05 Dec 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalswami Darshanand Institute Of Income Tax Officer, Management & Technology, Ward-1(3)(1), Gurukul Mahavidyalaya, Vs. Haridwar. P.O. Gurukul Kangi, Jwalpur, Haridwar-249407. Pan:Aalas6789G (Appellant) (Respondent) Assessee By Shri Shalil Agarwal, Sr. Adv. & Shri Salies Gupta, Adv. & Shri Uma Shankar, Adv. Department By Shri Amar Pal Singh, Jcit-Dr Date Of Hearing 11.09.2025 Date Of Pronouncement 05.12.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘The Cit(A) In Short) Passed U/S 250 Of The Income Tax Act, 1961, Dated 19.05.2025 For Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is A Society Engaged In Imparting Education. The Ao Based On The Information That Assessee Has Deposited Cash Of Rs.93,10,000/- In The Saving Bank Account Maintained With A Central Bank Of India Which Is Not Declared & Thus Case Was Reopened By Issue Of Notice U/S 148 Of The Act. Thereafter, Submissions Were Made By The Assessee Wherein It Is Claimed That This Account Pertained To Other Society & All The Deposits Are Duly

Section 144BSection 147Section 148Section 148ASection 250Section 69A

under the Act. 2.1 That the learned Commissioner of Income Tax (Appeals) has further failed to appreciate the fact that the proceedings initiated under section 148A(b)/(d) of the Act were without application of mind, with no fresh tangible material and were issued at the behest of superior authority

The Kanaka Mahalakshmi Co Operative Bank Limited, Visakhapatnam vs. DCIT/ACIT, Circle-1(1), Visakhapatnam

ITA 584/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.584/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) The Kanaka Mahalakshmi Vs. Dcit/Acit, Cooperative Bank Limited, Circle-1(1), Visakhapatnam. Visakhapatnam. Pan: Aacft6489J (Appellant) (Respondent) आ.अपी.सं /Ita No.572/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Acit, Vs. The Kanaka Mahalakshmi Cooperative Bank Limited, Visakhapatnam. Visakhapatnam. Pan: Aacft6489J (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Ms. K. Chudamani, Ca राज" व "ारा/Revenue By: Shri Shahnawaz Ul Rahman, Cit-Dr सुनवाई की तारीख/Date Of 26/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Captioned Cross-Appeals Filed By The Assessee Firm/Revenue Are Directed Against The Order Passed By The Commissioner Of Income

For Appellant: Ms. K. Chudamani, CAFor Respondent: Shri Shahnawaz UL Rahman
Section 143(3)Section 144Section 147Section 148Section 148ASection 251Section 251(1)(a)Section 68

discharging its liability by issue of Demand Drafts to its customers, the AO initiated proceedings under section 147 of the Act. An order under section 148A(d) of the Act, dated 29/06/2022, was passed by the AO. Thereafter, the AO issued notice under section 148 of the Act, dated 29/06/2022

Asst.Commissioner of Income Tax, Visakhapatnam vs. The Kanaka Mahalakshmi Co Operative Bank Ltd, Visakhapatnam

ITA 572/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.584/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) The Kanaka Mahalakshmi Vs. Dcit/Acit, Cooperative Bank Limited, Circle-1(1), Visakhapatnam. Visakhapatnam. Pan: Aacft6489J (Appellant) (Respondent) आ.अपी.सं /Ita No.572/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Acit, Vs. The Kanaka Mahalakshmi Cooperative Bank Limited, Visakhapatnam. Visakhapatnam. Pan: Aacft6489J (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Ms. K. Chudamani, Ca राज" व "ारा/Revenue By: Shri Shahnawaz Ul Rahman, Cit-Dr सुनवाई की तारीख/Date Of 26/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Captioned Cross-Appeals Filed By The Assessee Firm/Revenue Are Directed Against The Order Passed By The Commissioner Of Income

For Appellant: Ms. K. Chudamani, CAFor Respondent: Shri Shahnawaz UL Rahman
Section 143(3)Section 144Section 147Section 148Section 148ASection 251Section 251(1)(a)Section 68

discharging its liability by issue of Demand Drafts to its customers, the AO initiated proceedings under section 147 of the Act. An order under section 148A(d) of the Act, dated 29/06/2022, was passed by the AO. Thereafter, the AO issued notice under section 148 of the Act, dated 29/06/2022

Boddu Sai Baba, Tadepalligudem vs. Income Tax Officer, Ward-1, Tadepalligudem

ITA 571/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.571/Viz/2025 (िनधा"रण वष"/Assessment Year:2018-19) Boddu Sai Baba, Vs. Income Tax Officer, Tadepalligudem. Ward-1, Pan: Ahspb0015F Tadepalligudem. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 26/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 08/07/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”), Dated 27/12/2023, For The Assessment Year 2018-19. The Assessee Has 2 Boddu Sai Baba Vs. Ito

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 147Section 148Section 148ASection 44ASection 80T

Rs.10 lakhs): Rs.13,83,968/-, but had not filed his return of income, initiated proceedings under section 147 of the Act. An Order under section 148A(d) of the Act, dated 01/04/2022 was passed by the AO. Thereafter, the AO issued notice under section 148 of the Act, dated 01/04/2022 ... Apropos the contention that the AO had erred in not granting a clear period of seven days in the notice issued under section 148A(b) of the Act, the Ld. AR submitted that he does not seek to press the same. 9. Elaborating further on his contention

Satyanarayana Koduru, Krishna Dist vs. Income Tax Officer, Ward-1, Gudiwada

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 491/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.491/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Satyanarayana Koduru, Vs. Income Tax Officer, Krishna District. Ward-1, Pan:Altpk1048C Gudiwada. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri C. Subrahmanyam, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 02/12/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm :

For Appellant: Shri C. Subrahmanyam, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144BSection 147Section 148Section 148ASection 250Section 69Section 69A

year under consideration. 3. The AO, based on the aforesaid information, initiated proceedings under section 148 of the Act and passed an order under section 148A(d) of the Act, dated 28/03/2023. Thereafter, the AO issued notice under section 148 of the Act, dated 28/03/2023. 4. Thereafter, the AO vide ... Representative (for short, “Ld. AR”) for the assessee, at the threshold of hearing of the appeal, submitted that both the impugned order passed under Section 148A(d) of the Act, and Notice under Section 148 of the Act, dated 28/03/2023 issued by the Jurisdictional Assessing Officer (JAO), i.e., outside

Venkata Ramana Goda, Visakhapatnam vs. Assisstant Commissioner of Income Tax, Circle-3(1), Visakhapatnam

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 489/VIZ/2025[2020-21]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2020-21

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.489/Viz/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Venkata Ramana Goda, Vs. Assistant Commissioner Visakhapatnam. Of Income Tax, Circle-3(1), Pan: Abzpg3216A Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Mrs. K. Hemalatha, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 17/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 06/08/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 08/03/2025. The 2 Venkata Ramana Goda Vs. Acit

For Appellant: Mrs. K. Hemalatha, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 147Section 148Section 151ASection 2(14)(iii)Section 234ASection 234BSection 250

same under section 194DA of the Act, initiated proceedings under section 147 of the 4 Venkata Ramana Goda vs. ACIT Act. Order under section 148A(d) of the Act, dated 18/03/2024, was passed by the DCIT/ACIT- Circle 3(1), Visakhapatnam, i.e., the Jurisdictional Assessing Officer (“JAO”). Thereafter, the JAO issued ... Authorized Representative (for short, “Ld.AR”) for the assessee at the threshold of hearing of the appeal, submitted that both the impugned order passed under Section 148A(d) of the Act, dated 18/03/2024 and Notice under Section 148 of the Act, dated 20/03/2024 issued by the Jurisdictional Assessing Officer

Go Iron Marketing, Visakhapatnam vs. Income Tax Officer, Ward 3(3), Vishakapatnam

In the result, the appeal filed by the assessee firm is allowed in terms of our aforesaid observations

ITA 483/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.483/Viz/2025 (िनधा"रण वष"/Assessment Year:2018-19) Go Iron Marketing, Vs. Income Tax Officer, Visakhapatnam. Ward-3(3), Pan: Aanfg6474D Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Mrs. K. Hemalatha, Ca (Hybrid Hearing) राज" व "ारा/Revenue By: Shri Badicala Yadagiri, Cit-Dr सुनवाई की तारीख/Date Of 03/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Firm Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 26/07/2025 Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144 Of The Income-Tax Act, 1961 (For Short, “The Act”), Dated 01/02/2024 For The Assessment Year 2018-19. The 2 Go Iron Marketing Vs. Ito

For Appellant: Mrs. K. Hemalatha, CAFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 151ASection 250

Representative (for short, “Ld.AR”) for the assessee firm at the threshold of hearing of the appeal, submitted that both the impugned order passed under Section 148A(d) of the Act, dated 31/03/2022 and Notice under Section 148 of the Act, dated 01/04/2022 issued by the Jurisdictional Assessing Officer ... present case, the assessee firm was challenging the inherent lack of jurisdiction with the JAO to initiate the impugned proceedings under Section 148A of the Act, and also issue 9 Go Iron Marketing vs. ITO notice under Section 148 of the Act, and was not questioning the jurisdiction as provided

No 368 Kolakaluru Primary Agricultural Co Operative Credit Society Limited, Guntur vs. Income Tax Officer, Ward-1, Tenali

In the result, the appeal filed by the assessee society is allowed in terms of our aforesaid observations

ITA 456/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.456/Viz/2025 (िनधा"रण वष"/Assessment Year:2019-20) No.368 Kolakaluru Primary Vs. Income Tax Officer, Agricultural Cooperative Ward-1, Credit Society Limited, Tenali. Tenali. Pan: Aaban6994Q (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 04/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Society Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 08/07/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W Section 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 144BSection 147Section 148Section 148ASection 151Section 151ASection 80PSection 80P(2)(a)Section 80P(2)(d)

Representative (for short, “Ld.AR”) for the assessee society at the threshold of hearing of the appeal, submitted that both the impugned order passed under Section 148A(d) of the Act, dated 30/03/2023 and the Notice issued U/s. 148 of the Act, dated 30/03/2023, issued by the Jurisdictional Assessing Officer ... present case, the assessee society was challenging the inherent lack of jurisdiction with the JAO to initiate the impugned proceedings under Section 148A of the Act, and also issue notice under Section 148 of the Act, and was not questioning the jurisdiction as provided in Section