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

Alankar Commodeal (P) Ltd., Kolkata vs. ITO, Ward - 4(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1257/KOL/2018[2009-10]Status: DisposedITAT Kolkata01 Feb 2022AY 2009-10

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.1257/Kol/2018 Assessment Year: 2009-10 Alankar Commodeal (P) Ltd..........................................…………………….……Appellant C/O Ca Bal Kishan Kedia, Bansal Complex, 1St Floor, Ram Nivas Talkies Chowk, Raigarh, Chhattisgarh-496001. [Pan: Aahca1771G] Vs. Ito, Ward-4(3), Kolkata…………….…..…...............……........……...…..…..Respondent Appearances By: Shri Sunil Kr. Agarwal, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2021 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.04.2018 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act(Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Passing Order Ex-Parte. 2. That Under The Facts & In The Circumstances Of The Case, The Notice Issued U/S 148 Of The Income Tax Act, 1961 Is Bad In Law & Hence The Consequential Reassessment Order Is Also Illegal & Needs To Be Annulled. 3. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Of A Sum Of Rs.2,50,50,000/- For The Share Capital Raised By The Assessee, Holding The Same To Be Unexplained Cash-Credit In Terms Of Sec.68 Of The Income Tax Act, 1961. The Addition Is Unjustified & Need To Be Deleted. 4. That The Appellant Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 147Section 148Section 151(2)Section 250Section 68

Sophia Automotive Pvt Ltd, Chennai vs. ITO, Corp Ward -6(3), Chennai

In the result, the appeal filed by the assessee in I

ITA 322/CHNY/2019[2012-13]Status: DisposedITAT Chennai31 Jan 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.322/Chny/2019 & 3383/Chnyh/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2011-12 M/S. Sophia Automotive Private The Income Tax Officer, Limited, No. 2F(Np), Sidco Industrial Vs. Corporate Ward 6(3), Estate, Ambattur, Chennai 600 098. Chennai 34. [Pan:Aaics6884P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.01.2022 घोषणा की तारीख /Date Of Pronouncement : 31.01.2022 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) 16, Chennai Dated 30.11.2018 Relevant To The Assessment Year 2012-13 & Order Dated 19.09.2018 For The Assessment Year 2011-12. 2. When The Appeal In I.T.A. No. 322/Chny/2019 For The Assessment Year 2012-13 Was Taken Up For Hearing, The Ld. Counsel For The Assessee Has Submitted That The Appeal Filed Before The Ld. Cit(A) Was Dismissed On The Ground That The Delay In Filing The Appeal Before The 2

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri G. Johnson, Addl. CIT
Section 143(1)Section 143(3)Section 147Section 148

Sophia Automotive Pvt Ltd, Chennai vs. ITO, Corp Ward -6(3), Chennai

In the result, the appeal filed by the assessee in I

ITA 3383/CHNY/2018[2011-12]Status: DisposedITAT Chennai31 Jan 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.322/Chny/2019 & 3383/Chnyh/2018 िनधा"रण वष"/Assessment Years: 2012-13 & 2011-12 M/S. Sophia Automotive Private The Income Tax Officer, Limited, No. 2F(Np), Sidco Industrial Vs. Corporate Ward 6(3), Estate, Ambattur, Chennai 600 098. Chennai 34. [Pan:Aaics6884P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.01.2022 घोषणा की तारीख /Date Of Pronouncement : 31.01.2022 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) 16, Chennai Dated 30.11.2018 Relevant To The Assessment Year 2012-13 & Order Dated 19.09.2018 For The Assessment Year 2011-12. 2. When The Appeal In I.T.A. No. 322/Chny/2019 For The Assessment Year 2012-13 Was Taken Up For Hearing, The Ld. Counsel For The Assessee Has Submitted That The Appeal Filed Before The Ld. Cit(A) Was Dismissed On The Ground That The Delay In Filing The Appeal Before The 2

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri G. Johnson, Addl. CIT
Section 143(1)Section 143(3)Section 147Section 148

ITO WD 3(1), Kalyan vs. Potdar Ajit Krishnaji (HUF, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 592/MUM/2021[2010-11]Status: DisposedITAT Mumbai31 Jan 2022AY 2010-11

Bench: Om Prakash Kant, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 592/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Ito, Ward-3(1) Potdar Ajit Krishnaji (Huf) 2Nd Floor, Rani Mansion, V Krishna Steel Trading, Vs. Murbad Road, Kalyan (W) Vijay Baug, Varap Village, 421301. Murbad Road, Kalyan (W)- 421301. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaehp2434D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sanjiv Brahme Revenue By: Ms. Bhoomika Patel सुनवाई की तारीख / Date Of Hearing: 02/12/2021 घोषणा की तारीख /Date Of Pronouncement: 31/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -01, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: - “A) Grounds Of Appeal 1. The Learned Income Tai Officer Has Erred In Reopening The Assessment U/S 148. A.Y.2010-11 Without Prejudice To The Above

For Appellant: Shri Sanjiv BrahmeFor Respondent: Ms. Bhoomika Patel
Section 133(6)Section 143(1)Section 143(2)Section 148Section 69C

M/S. Centum Electronics Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle - 2(1)(1), Bangalore

In the result appeal filed by assessee stands allowed on the legal issue raised

ITA 946/BANG/2019[2008-09]Status: DisposedITAT Bangalore31 Jan 2022AY 2008-09

Bench: Shri B. R. Baskaran & Smt. Beena Pillaiassessment Year: 2008-09 M/S. Centum Electronics Ltd. #44, Ground Floor, Deputy Commissioner Of Khb Industrial Area Vs. Income-Tax Yelahanka New Town Circle-2(1)(1) Bengaluru 560 106 Bengaluru Pan No : Aakcs7429L Appellant Respondent Appellant By : Shri S. Ramasubrammaniam, A.R. Respondent By : Shri Srinath Sadanala, D.R. Date Of Hearing : 13.12.2021 Date Of Pronouncement : 31.01.2022 O R D E R Per Beena Pillai: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A) Bengaluru-2 Dated 28.2.2019 For The Assessment Year 2008-09. The Grounds Of Appeal Raised By The Assessee In This Appeal Are Reproduced As Follows:- That The Order Of The Learned Commissioner Of Income-Tax (Appeals) In 1. So Far It Is Prejudicial To The Interests Of The Appellant Is Bad & Erroneous In Law & Against The Facts & Circumstances Of The Case. That The Learned Commissioner Of Income Tax (Appeals) Erred In Law & 2. On Facts In Justifying The Action Of The Assessing Officer In Passing An Order Against M/S. Solectron Ems India Ltd Even Though The Said Entity Does Not Exist On The Date Of The Passing The Order. That The Learned Commissioner Of Income Tax (Appeals) Erred In Law & 3. On Facts In Upholding The Action Of The Assessing Officer In Passing An Assessment Order Against A Non-Existing Person. 4. That The Order U/S 147 Is Without Jurisdiction.

For Appellant: Shri S. Ramasubrammaniam, A.RFor Respondent: Shri Srinath Sadanala, D.R
Section 10BSection 147Section 40