← All Phrases

“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

Sandeep Kumar Pandey, Handia vs. Income Tax Officer - 1(3), Prayagraj

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

ITA 136/ALLD/2025[2019-20]Status: DisposedITAT Allahabad21 Nov 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2019-20 Sandeep Kumar Pandey V. The Income Tax Officer 1(3) 012, Saitapur, Barethi Allahabad Handia, Allahabad (U.P) Tan/Pan:Blapp5054M (Appellant) (Respondent) Appellant By: Shri Shubham Singh, C.A. Respondent By: Shri A. K. Singh, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 21.05.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2019- 20. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits Of Rs.12,27,477/- In Bank Account No.0369000112307099 Maintained With Punjab National Bank & Of Rs.86,000/- In Bank Account Maintained With Bank Of Baroda During The Year Under Consideration. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing

For Appellant: Shri Shubham Singh, C.AFor Respondent: Shri A. K. Singh, D.R
Section 115BSection 144Section 147Section 148Section 148ASection 151Section 250Section 69A

erred in law and on facts while upholding the order passed by the Id. Assessing Officer, without considering the fact that Notice under section 148A(b) was never served on appellant; (2) ld. "CIT(A)/NFAC" has erred in law and on facts while upholding the order passed ... Assessing Officer, without considering the fact that notice under section 148A(b) was a mandatory notice and non - service of such a notice renders the entire assessment proceedings void ab initio ; (3) ld. "CIT(A)" has erred in law and on facts in upholding the view of the ld. Assessing

Murlidhar Lohia, Kanpur vs. Income Tax Officer, Kanpur

The appeal of the assessee stands partly allowed

ITA 418/LKW/2025[2018-19]Status: DisposedITAT Lucknow21 Nov 2025AY 2018-19

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2018-19 Murlidhar Lohia V. The Income Tax Officer 106, Anand Palace Ward 1(3)(1) Allengaj, Kanpur (U.P) Kanpur Tan/Pan:Akbpl3586F (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 22.04.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2018-19. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 16.08.2018, Declaring A Total Income Of Rs.5,42,050/-. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act, On The Basis Of The Information That The Assessee Had Received Cash Credit Of Rs.14,21,000/- During The Year Under Consideration. The Assessing Officer (Ao) Issued Statutory Notices To The Assessee, Requiring The Assessee To Furnish Details Of The Aforesaid Cash Credit With Documentary

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Amit Kumar, D.R
Section 133(6)Section 147Section 148Section 148ASection 69A

outset, the Ld. Authorized Representative for the assessee (Ld. A.R.), referring to grounds No.1 to 3 of the appeal, submitted that the notice under section 148A(b) of the Act was issued by the AO on 17.03.2022 for compliance on 21.03.2023. It was further submitted that as per Section 148A ... assessee a minimum period of 7 days but not exceeding 30 days to file a reply to the show-cause notice issued under section 148A(b) of the Act. Since the notice under section 148A(b) of the Act issued by the AO on 17.03.2022 provided only four days

Santosh Kumar Shukla, Lucknow vs. Assessment Unit, NFAC

ITA 400/LKW/2025[2015-16]Status: DisposedITAT Lucknow21 Nov 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Santosh Kumar Shukla V. The Assessment Unit 11A/141, Vrindavan Colony Nfac Lucknow (U.P) Tan/Pan:Bawps5372J (Appellant) (Respondent) Appellant By: Shri Shalabh Singh, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 12.03.2025 Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2015-16. 2. The Brief Facts Of The Case Are That The Assessee Was An Employee Of Planning Research & Action Division Of State Planning Institute, Since 1993. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148A(B) Of The Act, Vide Dated 16.03.2022 For The Reason That The Assessee Had Made Cash Deposits/Time Deposits In His Bank Account. In Response To Notice Under Section Under Section 148 Of The Act, The Assessee Filed His Return Of Income For The Year Under Consideration On 29.04.2022, Declaring A Total Income Of

For Appellant: Shri Shalabh Singh, AdvocateFor Respondent: Shri Amit Kumar, D.R
Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 69Section 69A

case of the assessee was reopened under section 147 of the Income Tax Act, 1961 (hereinafter called “the Act’) after issuing notice under section 148A(b) of the Act, vide dated 16.03.2022 for the reason that the assessee had made cash deposits/time deposits in his bank account. In response ... Assessment Unit NFAC 7. That, the authorities below have erred in law by not appreciating the law for reassessment is sec 148 subject to section 148A as applied which mandates an order to be ITA No.400/LKW/2025 Page 6 of 26 passed u/s 148A (1)(d) and in not following

Dinesh Kumar and Sons, Chennai vs. Income Tax Officer Non-Corporate Ward 5(1), Chennai

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

ITA 2511/CHNY/2025[2017-18]Status: DisposedITAT Chennai21 Nov 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2511/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 M/S. Dinesh Kumar & Sons The Income Tax Officer, (Huf), Vs. Non-Corporate Ward 5(1), No.41, M.S.Koil Street, Chennai. Royapuram, Chennai – 600 013. Pan: Aamhr 9861G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Hitesh, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.11.2025

For Appellant: Shri Hitesh, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 144BSection 147Section 148Section 148ASection 250

NFAC which is not in accordance with the aforesaid Scheme. We also find that the impugned order under Clause (d) to Section 148A of the Act dated 27.07.2022 has been passed after CBDT Notification dated 29.03.2022. Hence, the aforesaid CBDT Notification dated 29.03.2022 is directly applicable in this case ... NFAC which is not in accordance with the aforesaid Scheme. We also find that the impugned order under Clause (d) to Section 148A of the Act dated 27.03.2023 has been passed after CBDT Notification dated 29.03.2022. Hence, the aforesaid CBDT Notification dated 29.03.2022 is directly applicable in this case