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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

Arya Infrahousing Private Limited, Agra vs. The Prescribed Authority, NFAC, Delhi, ITO2(1)(1), Agra

The appeal stand allowed

ITA 190/AGR/2024[2013-2014]Status: DisposedITAT Agra28 Mar 2025AY 2013-2014

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.190/Agr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) Arya Infrahousing Pvt. Ltd. Ito 2(1)(1) बनाम/ 170A, Vishwakarma Complex Agra Vs. Jaipur House, Agra 282 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aalca-1483-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Deepender Mohan (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013-14 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 15-09-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144B R.W.S. 147 Of The Act On 29-03-2022. Having Heard Vehement Arguments Of Both The Sides & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Registry Has Noted Delay Of 182 Days In The Appeal Which Stand Condoned. 2. The Assessee Did Not File Its Return Of Income For The Year. Pursuant To Receipt Of Information That The Assessee Stood Beneficiary Of Credit Entries From Certain Entities, The Case Was Reopened U/S 147 & A Notice U/S 148 Dated 31-03-2021 Was Issued To The Assessee. The Assessee

For Appellant: Shri Deepender Mohan (CA) – Ld. ARFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 142(1)Section 144BSection 147Section 148Section 148ASection 152Section 68Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL “DB” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE

ACIT 32 1 Mumbai, Mumbai vs. Asha P Kedia, Mumbai

In the result, the CO filed by the Assessee is allowed, whereas the appeal filed by the Revenue stands dismissed

ITA 3672/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Mar 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2017-18 Acit 32 1 Ms. Asha P Kedia 252, Kautilya Bhavan, 602, Vishwananak Bldg, Bkc, Bandra East, Vs. Ict Link Rd, Maharashtra - 400051. Andheri East, Maharashtra - 400099. Pan: Aiqpk0746F (Appellant) (Respondent) Co No.181/M/2024 (Arising Out Of Ita No. 3672/M/2024) Assessment Year: 2017-18 Ms. Asha P Kedia Assistant Commissioner Plot No. 18, Sagar Jyoti, Of Income Tax-32 (1) 6Th Road, Jvpd Scheme, Vs. 252, Kautilya Bhavan, Vile Parle (West), Bkc, Bandra East, Mumbai-400056. 400020. Pan: Aiqpk0746F (Appellant) (Respondent) Present For: Assessee By : Shri Shashank Mehta, Ld. A.R. Revenue By : Shri Ram Krishn Kedia, Ld. D.R. Date Of Hearing : 17 . 03 .2025 Date Of Pronouncement : 28 . 03 .2025 O R D E R Per : Narender Kumar Choudhry: This Appeal By The Revenue Department & The Cross Objection By The Assessee Have Been Preferred Against The Order Dated 21.05.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. Co. No. 181/Mum/2024 Ms. Asha P Kedia 2. Considering The Delay Of 4 Days In Filing Of The Co By The Assessee Is Miniscule, Bonafide & Unintentional As Claimed By The Assessee Is Condoned.

For Appellant: Shri Shashank Mehta, Ld. A.RFor Respondent: Shri Ram Krishn Kedia, Ld. D.R
Section 143(3)Section 147Section 148Section 148ASection 149Section 151Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI PRABHASH