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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

Jogindra Kotapalli, Rajahmundry vs. ITO., Ward-1(1), Tirupati

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

ITA 688/HYD/2025[2015-2016]Status: DisposedITAT Hyderabad10 Sept 2025AY 2015-2016

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.688/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2015-16) Shri Jogindra Kotapalli, Income Tax Officer, Vs. Ward-1(1), Tirupati. Rajahmundry. Pan:Alnpk2330F (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Ms. Aditi Goyal, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 03/09/2025 घोर्णध की तधरीख/Pronouncement: 10/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Jogindra Kotapalli (“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 21.02.2025 For The A.Y. 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: NoneFor Respondent: Ms. Aditi Goyal, SR-DR
Section 139(1)Section 143(2)Section 147Section 148Section 148ASection 69A

shares of Rs.94,984/-, and earned salary income of Rs.1,03,982/-. Accordingly, proceedings were initiated under section 147 of the Act. Notice under section 148A(b) of the Act was issued on 19.03.2022. As there was no response from the assessee, notice under section

Assistant Commissioner of Income Tax, Delhi vs. Prem Chand Pravesh Kumar, Delhi

In the result, the Cross Objection of the assessee is allowed and appeal of the revenue is dismissed

ITA 736/DEL/2025[2014-15]Status: DisposedITAT Delhi10 Sept 2025AY 2014-15

Bench: Shri M. Balaganesh & Shri Sudhir Kumaracit, Vs. Prem Chand Pravesh New Delhi Kumar, (Through Erstwhile Partner Sanchit Garg), 292, Katra Peran, Tilak Bazar, Delhi- 110006 (Appellant) (Respondent) Pan: Aajfp9925A Co No. 120/Del/2025 (In Ita No. 736/Del/2025) (Assessment Year: 2014-15) Prem Chand Pravesh Vs. Acit, Kumar, (Through New Delhi Erstwhile Partner Sanchit Garg), 292, Katra Peran, Tilak Bazar, Delhi- 110006 (Appellant) (Respondent) Pan: Aajfp9925A Assessee By : Shri Ved Jain, Adv Shri Pawan Garg, Ca Ms. Ishika Dua, Ca Revenue By: Shri Om Prakash, Sr. Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 10/09/2025

For Appellant: Shri Ved Jain, AdvFor Respondent: Shri Om Prakash, Sr. DR
Section 147Section 148Section 148ASection 149Section 151

unamended 30.06.2021 Page 19 1. provisions prior to Finance Act, 2021) 2. Letter communicating information 26.05.2022 Page 42-43 with reference to section 148A(b) pursuant to SC decision in Ashish Agarwal 3. Reply filed by the assessee 09.06.2022 Page 49-90 4. Order u/s 148A(d) 26.07.2022 Page ... decision in Union of India & Ors. v. Ashish Agarwal2 till the date of providing material, as required to the accompanied with a notice under Section 148A (b) of the Act. is required to be excluded. Thus, the period between 04.05.2022 to 30.05.2022, the date on which the AO had issued

Chinnappan Peter Francis, Kumbakonam vs. ITO, Ward-1, Kumbakonam

In the result, appeal filed by the assessee is allowed

ITA 1484/CHNY/2025[2018-19]Status: DisposedITAT Chennai09 Sept 2025AY 2018-19

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1484/Chny/2025 धनिाारण वर्ा / Assessment Year: 2018-19 M/S. Chinnappan Peter Ito, Francis, Vs. Ward I, No. 113, Kamraj Road, Kumbakonam. Bishops House, Kumbakonam – 612 001. Tamil Nadu. [Pan: Bwspp-2816-G] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) (अपीलाथी/Appellant) (प्रत्यथी/Respondent) : Mr. Y. Sridhar, F.C.A अपीलाथी की ओर से/ Appellant By प्रत्यथी की ओर से /Respondent By : Mr. R. Raghupathy, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 05.08.2025 : 09.09.2025 घोर्णा की तारीख /Date Of Pronouncement आदेश / O R D E R Per S.R.Raghunatha, Am. This Appeal By The Assessee Is Arising Out Of The Order Dated 17.04.2025, Passed By The Commissioner Of Income Tax (Appeal), Nfac, Delhi For The Assessment Year 2018-19 Against The Order U/S.147 R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Passed By The Ito (Assessing Officer), Ward I, Thanjavur Dated 30.01.2024. 2. At The Outset, The Ld. Ar For The Assessee Mr.Y.Sridhar, Advocate For The Assessee Has Raised An Additional Ground Relating To Jurisdiction Of Jurisdictional Assessing Officer (‘Jao’) In The Light Of The Cbdt Notification Dated 29.03.2022 & The Decision Of The Hon’Ble Madras High Court In The Case Of Tvs Credit Services Ltd. Vs. Dcit (W.P.No.22402 Of 2024 Dated 24.06.2025). The Ld.Dr, Mr.R.Raghupathy, Addl.Cit, Objected Admission Of Additional Ground Raised By The Assessee.

For Respondent: Mr. R. Raghupathy, Addl.CIT
Section 139(1)Section 147Section 148Section 148ASection 151A

assessee referred to the notice u/s.148 of the Act dated 07.04.2022 and order in Clause (d) of section 148A of the Act, dated 07.04.2022 and pointed out that the notice u/s.148 has been issued by the Income Tax officer, Ward 1, Thanjavur, and similarly, the order under Clause ... Section 148A of the Act dated 07.04.2022 has been passed by the Income Tax officer, Ward 1, Thanjavur. The ld.AR further referred to CBDT Notification dated 29.03.2022 which formulated a Scheme called “the e-assessment of income assessment scheme, 2022” and hence argued that the notices issued on or after

Praveen Kumar Patwa HUF, Howrah vs. ITO, Ward-47(2), Kolkata

In the result, the appeal filed by the assessee is allowed on this issue

ITA 1333/KOL/2025[2015-16]Status: DisposedITAT Kolkata04 Sept 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1333/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016) Praveen Kumar Patwa Huf Vs Ito Ward-47 (2), Kolkata 12, Haradutta Ray Chamaria Rd Howrah, West Bengal-711101 Pan No. :Aajhp 7673 K (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Anil Kochar, Advocate रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 04/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 23.05.2025, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2015-2016. 2. The Sole Issue Involved In The Present Appeal Of The Assessee Is With Regard To Issuance Of Invalid Notice U/S.148 Of The Act Without Adhering To The New Inserted Provisions Of Section 148 R.W.S.148A Of The Act. 3. Ld. Ar Before Us Submitted That In This Case The Ao Has Framed The Assessment U/S.147 R.W.S.144 Of The Act Assessing The Total Income Of The Assessee At Rs.59,77,593/- Thereby Making Addition U/S.68 Of The Act At Rs.36,09,222/- & Addition Made U/S.69C Of The Act At Rs.1,80,461/-. In Appeal, The Ld.Cit(A) Dismissed The Appeal Of The Assessee. It Has Also Been Submitted By The Ld.Ar That Both The Authorities Below Have Erred In Not Considering The Fact That The Notice Issued U/S.148 Of The Act Is Invalid & Bad In Law As The Notice In This Case Has Been Issued On 01.04.2021

For Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 147Section 148Section 148ASection 68Section 69C

respondent-income tax authority concerned, before issuing the impugned notices under section 148 of the 1961 Act, has not observed the statutory formalities under section 148A of the 1961 Act as prescribed by the Finance Act, 2021 which are applicable with effect from 1st April 2021 before issuance of notices ... this case clearly falls under the amended Act relating to proceedings 4 under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of the amended Act which has not been complied with in this