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

Muthusamy Madhanagopal, Coimbatore vs. The PCIT, Coimbatore

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

ITA 142/CHNY/2021[2011-12]Status: DisposedITAT Chennai01 Jul 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 142/Chny/2021 िनधा"रण वष"/Assessment Year:2011-12 Mr. Muthusamy Madhanagopal, The Principal Commissioner Of 2/12, Indhu Nagar, Vilankurichi, Vs. Income Tax-1, Coimbatore 641 035. Coimbatore. [Pan:Ahtpm0258Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 09.05.2022 घोषणा की तारीख /Date Of Pronouncement : 01.07.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax-1, Coimbatore, Dated 25.02.2021 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Delayed By 7 Days In Filing The Appeal Before The Tribunal, For Which, The Assessee Has Filed A Petition For Condonation Of The Delay In The Form Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any Serious Objection. Consequently, Since The Assessee Was Prevented By Sufficient Cause, The Delay Of Seven Days In Filing Of The 2

For Appellant: Shri B. Ramakrishnan, F.C.AFor Respondent: Shri M. Rajan, CIT
Section 132Section 144Section 148Section 263Section 69A

Lata Holdings Pvt. Ltd, Mumbai vs. ITO WD 12(3) (3), Mumbai

In the result, impugned order is set-aside and the appeal by assessee is allowed for statistical purpose in the terms aforesaid

ITA 2074/MUM/2021[2012-13]Status: DisposedITAT Mumbai30 Jun 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 2074/मुं/2021 ("न.व. 2012-13) Lata Holding Private Ltd. C/O. C.S.Anand,Advocate, 104, Pankaj Tower, 10 L.S.C Savita Vihar, Delhi – 110 092 Pan: Aaacl-2526-K ...... अपीलाथ" /Appellant बनाम Vs. Ito, Ward 12(3)(3)-Mumbai, Aaykar Bhavan, M.K.Road, Mumbai 400 020 . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri C.S.Anand ""तवाद" "वारा/Respondent By : Shri Manoj Sinha सुनवाई क" "त"थ/ Date Of Hearing : 30/06/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 30/06/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi ( In Short ‘The Cit(A) ’) Dated 17/09/2021 For The Assessment Year 2012-13. 2. Shri C.S.Anand Appearing On Behalf Of The Assessee Submitted At The Outset That The Cit(A) Has Passed The Impugned Order Without Giving Sufficient Opportunity Of Hearing To The Assessee. A Perusal Of The Impugned Order Would Show That The Cit(A) Issued Only Single Notice Of Hearing I.E. For Dated

For Appellant: Shri C.S.AnandFor Respondent: Shri Manoj Sinha
Section 147