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

Mrs. Swatiben Biharilal Parekh, Dhoraji, Dist. Rajkot vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 30/RJT/2022[2012-13]Status: DisposedITAT Rajkot18 Apr 2023AY 2012-13

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 30/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2012-13) Mrs. Swatiben Biharilal Pcit बनाम/ Rajkot-1 Parekh Vs. Yamuna Behind Mahakali Lodge St, Road Dhoraji, Rajkot-360410, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajvpp4177H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Jayesh Dadia, A.R. अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, ""यथ" क" ओर से / Cit.D.R. Respondent By : सुनवाई क" तार"ख / Date Of Hearing 05/04/2023 घोषणा क" तार"ख /Date Of 18/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 31.01.2022 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) By The Principal Commissioner Of Income Tax, Rajkot-1 (Hereinafter Referred To As ‘The Pcit’), Arising Out Of The Order Dated 27.12.2019 Passed By The Learned Ito, Ward-2(1)(1), Rajkot Under Section 143(3) R.W.S. 147 Of The Act For Assessment Year 2012-13. Ita No. 30/Rjt/2022 (Mrs. Swatiben Biharilal Parekh Vs. Pcit) A. Y. 2012-13 - 2- 2. We Have Heard The Rival Submissions Made By The Respective Parties & We Have Also Perused The Relevant Materials Available On Record.

For Appellant: Shri Shramdeep Sinha
Section 143(3)Section 148Section 263Section 44ASection 5

Drvk Traders Pvt. Ltd., Kolkata vs. I.T.O., Ward - 1(1), Kolkatta, Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 58/KOL/2023[2017-2018]Status: DisposedITAT Kolkata17 Apr 2023AY 2017-2018

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.57&58/Kol/2023 Assessment Years: 2016-17 & 2017-18 Drvk Traders Pvt. Ltd....………..…................…..........….…… Appellant 114/A, 3Rd Floor, Madan Mohan Burman Street, Kolkata-700007. [Pan: Aadcd0219J] Vs. Ito, Ward-1(1), Kolkata...........……........….........…...…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Adv., Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 17, 2023 Date Of Pronouncing The Order : April 17, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 15.12.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. 2. The Appeal In Ita No.57/Kol/2023 For Assessment Year 2016-17 Is Taken As Lead Case For The Purpose Of Narration Of Facts. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. Because The Compliance To The Notices Issued By The Cit(A) Could Not Be Made By The Appellant As It Was Completely Unaware Of The Notices Having Been Issued For The Hearing Of The Appeal & In The Absence Of

Section 144BSection 147Section 148Section 250

Drvk Traders Pvt. Ltd., Kolkata vs. I.T.O., Ward - 1(1), Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 57/KOL/2023[2016-2017]Status: DisposedITAT Kolkata17 Apr 2023AY 2016-2017

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.57&58/Kol/2023 Assessment Years: 2016-17 & 2017-18 Drvk Traders Pvt. Ltd....………..…................…..........….…… Appellant 114/A, 3Rd Floor, Madan Mohan Burman Street, Kolkata-700007. [Pan: Aadcd0219J] Vs. Ito, Ward-1(1), Kolkata...........……........….........…...…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Adv., Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 17, 2023 Date Of Pronouncing The Order : April 17, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 15.12.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. 2. The Appeal In Ita No.57/Kol/2023 For Assessment Year 2016-17 Is Taken As Lead Case For The Purpose Of Narration Of Facts. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. Because The Compliance To The Notices Issued By The Cit(A) Could Not Be Made By The Appellant As It Was Completely Unaware Of The Notices Having Been Issued For The Hearing Of The Appeal & In The Absence Of

Section 144BSection 147Section 148Section 250