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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

Celestial Vision Limited, Bvi vs. Assisstant Commissioner of Income Tax Int Tax Circle 2(1)(1), Mumbai

Appeal is allowed for statistical purposes

ITA 1625/MUM/2025[2022-23]Status: DisposedITAT Mumbai24 Sept 2025AY 2022-23

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.1625/Mum/2025 (निर्धारण वर्ा/Assessment Year: 2022-23) Celestial Vision V/S. Assistant Commissioner Of Limited बिधम Income Tax Circle 2(1)(1) Po Box No. 146, Road 604, Kautilya Bhawan, G Block, Town, Tortola, British Bandra Kurla Complex, Bandra Virgin Islands (East)400051. 111000. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Aaicc1160A Appellant/अपीलधथी .. Respondent/प्रनिवधदी निर्धाररिी की ओर से /Assessee By: Shri. Vipul J. Shah-Adv. रधजस्व की ओर से /Revenue By: Shri Krishna Kumar Sr Dr सुिवधई की िधरीख / Date Of Hearing 05.08.2025 घोर्णध की िधरीख/Date Of Pronouncement 24.09.2025

For Appellant: Shri. Vipul J. Shah-AdvFor Respondent: Shri Krishna Kumar SR DR
Section 115ASection 144C(5)Section 44BSection 9(1)(vi)

believe" test laid down. The notice under Section 148 was issued after obtaining the necessary approvals from the prescribed authority. With insertion of section 148A and amendment of section 147 and section 148, vide Finance Act 2021; the law and procedure of reopening has changed. Notice u/section 148 and order ... India v. Rajeev Bansal [2024] 167 taxmann. com 70 (SC) has approved the sanctioning authorities. Moreover, in the current scheme of re-assessment under section 148A r.w.s. 148, all contentions of Assessee are addressed in the clause 148A(d) order and there is no room for de novo "objection" post

ITO, Delhi vs. Usha Rani, Delhi

Appeal are allowed

ITA 2286/DEL/2025[2016-17]Status: DisposedITAT Delhi24 Sept 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2016-17 Ito, Vs Usha Rani, Ward-44(1), 593, Rani Bagh, Delhi. Delhi. Pan: Ahrpc1449F (Appellant) (Respondent) Assessee By : Shri Sanjay Gupta, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 08.09.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 07.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2015-16/10332913 Arising Out Of The Appeal Before It Against The Order Dated 08.03.2024 Passed U/S 147 R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-44(1), Delhi (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That The Case Of The Revenue Is That The Assessee Has Been Erroneously Benefitted By The Ld.Cit(A) As The Source Of The Source Of Her Husband’S Agricultural Activities Has Not Been Examined. We Find That The Revenue Has Also Raised A Ground That Additional Evidences Were Accepted Without Giving The Ao An Opportunity To Contest.

For Appellant: Shri Sanjay Gupta, CAFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 143(2)Section 147Section 148Section 148ASection 69

acquired 50 % share in immovable property during the year. As per the prescribed procedure under provisions of section 148A of the Act, he had issued notice u/s 148A(b) of the Act to the appellant asking to explain the source of investment in the said property.However, there was no compliance

Devraj Vishwasrao Jadhav, Pune vs. Income Tax Officer, Ward-3, Satara

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

ITA 2213/PUN/2024[2015-16]Status: DisposedITAT Pune23 Sept 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / .Ita No.2213/Pun/2024 धििेंारण वर्ा /Assessment Year: 2015-2016 Devraj Vishwasrao Ito, Ward-3, Satara Jadhav, R. No. 06, S. No. 24, Vs. Dreams Rhythm, Opposite Talathi Office, Bavdhan, Pune-411021 Maharashtra Pan-Aebpj6968F अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Dr. Prayag Jha Department By: Shri Ramnath P Murkunde Date Of Hearing: 23-09-2025 Date Of Pronouncement: 08-09-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 11.09.2024 Which Is Arising Out Of Order Passed U/S 147 Of The Act Dated 14.03.2023. 2. Assessee Has Raised Following Grounds Of Appeal:- 1. The Ld Cit(A) Erred In Not Considering The Arguments & Submissions Made By The Assessee & Dismissing All The Grounds Taken In Appeal. 2. The Ld Cit(A) Erred In Not Appreciating That The Ld Assessing Officer Had Not Served On The Assessee The Statutory Notice Under Section 143(2) Of The It Act & Therefore, The Impugned Order Was Passed Without Jurisdiction.

For Appellant: Dr. Prayag JhaFor Respondent: Shri Ramnath P Murkunde
Section 143(2)Section 147Section 148Section 148ASection 250Section 68Section 69A

आयकर अपीलीय अधिकरण ।येंयपीण प णी या न् " ए " IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH, PUNE BEFORE Dr