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“Section 149(1)”

Section References (mined)Section 149Section 149(1)891 judgments

The decision most relied on for Section 149(1) is Union of India v. Ashish Agarwal (444 ITR 1), cited in 524 judgments on BharatTax.

Leading authorities on Section 149(1)

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.

PCIT v. Ojjus Medicare (P) Ltd.
465 ITR 101 · 2024 · High Court
277
citing judgments

For assessments under Section 153C, the commencement point for calculating the six or ten assessment year block period is the date of issuing the Section 153C notice, or the date of the satisfaction note/handing over of books, as clarified by the first proviso to Section 153C(1).

CIT v. Mithila Motor's (P.) Ltd.
149 ITR 751 · 1984 · High Court
248
citing judgments

Minor defects or mistakes in a penalty notice issued under Section 274 do not invalidate penalty proceedings under Section 271(1)(c) if the assessee suffers no prejudice and is aware of the charge. However, significant vagueness or ambiguity that demonstrates non-application of mind or causes prejudice can still render the notice invalid.

Haryana Acrylic Manufacturing Company v. CIT
308 ITR 38 · 2009 · High Court
248
citing judgments

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

K.P.Madhusudhanan v. CIT
251 ITR 99 · 2001 · Supreme Court
199
citing judgments

Voluntary disclosures or explanations offered by an assessee do not automatically absolve them from penalty under section 271(1)(c) if the explanation is not substantiated by credible evidence.

535 (Del); 6. Tata Teleservices v. UOI
385 ITR 497 · 2016 · High Court
163
citing judgments

Orders passed under section 201(1) are barred by limitation if the prescribed period of limitation under section 201(3) had expired before the amendment by the Finance Act, 2014 came into force. The amended section 201(3) does not apply retrospectively.

1. S. S. Gadgil v. Lal & Co.
53 ITR 231 · 1964 · Supreme Court
158
citing judgments

Income-tax assessment proceedings are administrative in nature, not civil disputes or judicial proceedings between contesting parties. Income-tax authorities act as administrative bodies to estimate income and assess tax, and the proper service of notice within the limitation period is foundational for reassessment jurisdiction.

Parimisetti Seetharamamma v. CIT
57 ITR 532 · 1965 · Supreme Court
142
citing judgments

Not all receipts constitute income chargeable to tax. An Assessing Officer cannot reject a prima facie reasonable explanation on mere probabilities or arbitrary grounds, but must disprove facts.

Judgments citing Section 149(1)

Urvi Hitalkumar Patel, Mumbai vs. ITO Ward 33(1)(1), Mumbai, Bkc

In the result, appeal of the assessee is allowed

ITA 2406/MUM/2025[2015-16]Status: DisposedITAT Mumbai31 Jul 2025AY 2015-16

Bench: Shri Amit Shukla & Smt. Renu Jauhriआयकर अपील सुं./Ita No.2406/Mum/2025 (नििाारण वर्ा/Assessment Year: 2015-16) Urvi Hitalkumar Patel V/S. Income Tax Officer, B 1101, Shreenath Tower, बिाम Ward 33(1)(1), Mumbai Shankar Lane, Kandivali Kautilya Bhavan, G Block, West 400067 Bkc, Bandra East 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Cevpp8858L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Manish Sheth राजस्व की ओर से /Revenue By: Shri Asif Karmali (Sr Dr)

For Appellant: Shri Manish ShethFor Respondent: Shri Asif Karmali (SR DR)
Section 147Section 148Section 148ASection 149(1)(b)Section 250Section 69

NFAC- Delhi, erred in confirming the initiation of reassessment proceedings by the ld. AO which was in violation of section 149(1)(b) of The Income Tax Act 1961, since the assessment is barred by the limitation. P a g e | 2 ITA No. 2406/Mum/2025 AY 2015-16 Urvi Hitalkumar ... whose stamp duty value is Rs. 37,26,000/- which is well below the limit of Rs. 50,00,000/- set by section 149(1)(b) for initiating reassessment proceedings beyond the period of 3 years. 3. The assessee craves Your Honour's leave to add, alter or amend