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

Shri Fateh Chand Chindalia, Kolkata vs. ITO, Ward 40(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 185/KOL/2022[2011-12]Status: DisposedITAT Kolkata16 Mar 2023AY 2011-12

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.185/Kol/2022 Assessment Year: 2011-12 Shri Fateh Chand Chindalia........................................………...…..…Appellant 4A, Sayed Sally Street, Kolkata-700073. [Pan: Adfpc9919G] Vs. Ito, Ward-40(1), Kolkata......................................................…..…..Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Subhrajyoti Bhattacharjee, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 24, 2023 Date Of Pronouncing The Order : March 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.03.2021 Of The Principal Commissioner Of Income Tax -1, Kolkata [Hereinafter Referred To As The ‘Pcit’] Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Pcit Erred In Invoking The Provisions Of Section 263 When The Assessment Completed U/S 143(3)/147 On 26.12.2018 Was Neither Erroneous Nor Prejudicial To The Interest Of Revenue.

Section 143(3)Section 147Section 148Section 263

DCIT, C.C.-3(4), Kolkata vs. M/S Tanishque Trade Link Pvt. Ltd, Howrah

In the result, appeal of the revenue is dismissed

ITA 17/KOL/2021[2008-09]Status: DisposedITAT Kolkata16 Mar 2023AY 2008-09

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(3)Section 147Section 148Section 14ASection 250Section 250(4)Section 263Section 68

Bangiya Gramin Vikash Bank, Murshidabad vs. ACIT, Cir.42, Murshidabad

In the result, appeal of the assessee for Assessment Year 2008-09 is partly allowed

ITA 2581/KOL/2019[2008-09]Status: DisposedITAT Kolkata15 Mar 2023AY 2008-09

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 2580 & 2581/Kol/2019 Assessment Years: 2007-08 & 2008-09 Bangiya Gramin Vikash Bank Asstt. Commissioner Of Income Vs Tax, Circle - 42, Murshidabad Nh-34, Bmc House P.O. Chuanpur, Berhampore Murshidabad - 742101 [Pan : Aaalb0462D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 12, Kolkata (Hereinafter The “Ld. Cit(A)”) Even Dated 26/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Years 2007-08 & 2008-09. 2. The Assessee Has Raised The Following Grounds Of Appeal For The Assessment Year 2007-08:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. Cit(A)-12, Kolkata Is Completely Arbitrary, Unjustified & Illegal & Without Any Jurisdiction. 2. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Merit Of The Case, Therefore, The Order Passed By The Ld. C.I.T. (A) Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Facts That In Reopening The Assessment U/S. 148 (R.W.S. 147)

For Appellant: Shri Soumitra Choudhury & Shri Pranabesh SarkarFor Respondent: Shri Ranu Biswas, Addl. CIT D/R
Section 148Section 250Section 37