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

Mangayarkarasi Subramaniam, Erode vs. ITO, NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 850/CHNY/2022[2013-2014]Status: DisposedITAT Chennai14 Dec 2022AY 2013-2014

Bench: Shri V. Durga Raoआयकर अपील सं./I.T.A. No.850/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 Smt. Mangayarkarasi Subramaniam, Vs. The Income Tax Officer, 53/1, Avvaiyar Street, National Faceless Assessment Centre, Erode. 638 011. Delhi. [Pan:Arhpm8094N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.12.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 08.09.2022 Relevant To The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That As Per Ast/Air Information On Itd Query, The Assessee Has Deposited Cash Amounting To ₹.13,90,000/- In Her Saving Bank Account During The Financial Year 2012-13 Relevant To The Assessment Year 2013-14. Since The Assessee Has Not Filed Return Of Income, The Assessing Officer Initiated

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 147Section 148

Mohamed Hussain Mahamed Harisai, Chennai vs. ITO, Ncw-5(5), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 655/CHNY/2019[2011-12]Status: DisposedITAT Chennai14 Dec 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.654 & 655/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Shri Mohamed Hussain Mohamed Vs. The Income Tax Officer, Harissi, 10, Nethaji Nagar, Iind Street Non Corporate Ward 5(5), Tondiarpet, Chennai 600 081. Chennai 600 006. [Pan:Apepm2204H] (Petitioner By) (""थ"/Respondent) अपीलाथ" की ओर से / Petitioner By : Shri N. Arjunraj, Ca For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 10, Chennai Both Dated 01.03.2018 Relevant To The Assessment Years 2010- 11 & 2011-12. 2. Both The Appeals Filed By The Assessee Are Time Barred By 277 Days Delay In Filing The Appeals Before The Tribunal. By Filing Condonation Petition In Support Of An Affidavit, The Assessee Has Explained As Under:

For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 142(1)Section 144Section 148Section 250(6)Section 69A

Mohamed Hussain Mahamed Harisai, Chennai vs. ITO, Ncw-5(5), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 654/CHNY/2019[2010-11]Status: DisposedITAT Chennai14 Dec 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.654 & 655/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Shri Mohamed Hussain Mohamed Vs. The Income Tax Officer, Harissi, 10, Nethaji Nagar, Iind Street Non Corporate Ward 5(5), Tondiarpet, Chennai 600 081. Chennai 600 006. [Pan:Apepm2204H] (Petitioner By) (""थ"/Respondent) अपीलाथ" की ओर से / Petitioner By : Shri N. Arjunraj, Ca For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 10, Chennai Both Dated 01.03.2018 Relevant To The Assessment Years 2010- 11 & 2011-12. 2. Both The Appeals Filed By The Assessee Are Time Barred By 277 Days Delay In Filing The Appeals Before The Tribunal. By Filing Condonation Petition In Support Of An Affidavit, The Assessee Has Explained As Under:

For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 142(1)Section 144Section 148Section 250(6)Section 69A