Section 148 of the Income Tax Act

Income-tax Act, 2025: s.280

Section 148 of the Income-tax Act, 1961 corresponds to section 280 (Issue of notice where income has escaped assessment) of the Income-tax Act, 2025.

Read section 280 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 148 is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 35,022 judgments on BharatTax that turn on this section.

Leading authorities on Section 148

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

Judgments on Section 148

Shilpkars Clothing Company, Mumbai vs. ACIT-22(2), Mumbai

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

ITA 1503/MUM/2023[2011-12]Status: DisposedITAT Mumbai26 Jul 2023AY 2011-12

Bench: Shri Aby T Varkey & Shri Amarjit Singhshilpkars Clothing Vs. Acit-22(2), Company, 702, Rna Kutir, Room No. 417, 4 Th Floor, 14Th Road, Chembur, Tower No. 6, Vashi Mumbai – 400071 Railway Station Building, Complex, Vashi Navi Mumbai - 400703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Ablfs1537J Appellant .. Respondent [ Appellant By : Dharmesh Shah & Jigna Jain Respondent By : Suresh D. Gaikwad Date Of Hearing 13.07.2023 Date Of Pronouncement 26.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-49, Mumbai, Dated 21.03.2022 For A.Y. 2011- 12. The Assessee Has Raised The Following Grounds Before Us: (Grounds) “1. The Ld. Cit(A) Erred In Law & In Facts In Not Appreciating That The Reopening Of Assessment Was Bad In Law. 2. The Ld. Cit(A) Has Erred In Law & In Facts In Confirming The Addition Of Alleged Bogus Purchases By Working Of Peak Credit Amounting To Rs.1,17,10,542/- 3. The Ld. Cit(A) Has Erred In Law & In Facts In Not Granting Adequate Opportunity To The Appellant & Dismissing The Appeal. 4. The Appellant Craves Leaves To Add, Amend, Alter, Delete All Or Any Of The Forgoing Grounds Of Appeal.”

For Appellant: Dharmesh Shah &For Respondent: Suresh D. Gaikwad
Section 133ASection 143(1)Section 148Section 250Section 69C

Mahendrakumar Gulraj Jain, Mumbai vs. ITO-19(2)(3), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1120/MUM/2023[2010-11]Status: DisposedITAT Mumbai26 Jul 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1120/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Mahendrakumar Gulraj Jain बिधम/ Ito-19(2)(3) Room No. 203, 2Nd Floor, C/O D. C. Bothra & Co. Vs. Llp (Formerly Known As Matru Mandir, Tardeo D.C. Bothra & Co.) 297, Road, Mumbai-400007. Tardeo Road, Wille Mansion, 1St Floor, Opp. Bank Of India, Nana Chowk, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadpj2988D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rajkumar Singh Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 24.03.2023 For Ay. 2010-11. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao In Disallowing 12.50% Of Purchases Amounting Of Rs.2,16,63,455/- Made From Two (2) Dealers (M/S. Anand Deep Metal & M/S. Viraj Steel & Alloys). 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Its Original Return Of Income On 15.09.2010 For Ay. 2010-11 Declaring Total Income Of Rs.7,39,169/-. & The Case Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Issuing Notice U/S 148 Of The Act Dated 23.03.2016. The Ao Noted That He Received An Information From The Dgit(Inv.), Mumbai From Which He Understood

For Appellant: Shri Rajkumar SinghFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 145Section 147Section 148Section 44A