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

ITO Ward-1(3) (6), Surat vs. Devshibhai Jethabhai Sheta(HUF), Surat

In the result the appeal of the revenue is dismissed and the Cross Objections of the assessee is dismissed as infractious

ITA 1678/AHD/2017[2008-09]Status: DisposedITAT Surat19 Apr 2021AY 2008-09

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./I.T.A No.1678/Ahd/2017, िनधा"रणवष"/Assessment Year: 2008-09 (Hearing In Virtual Court) Ito Ward -1(3)(6), Vs Devshibhai Jethabhai Sheta Room No.303, (Huf), Anavil Bussiness Centre , D-702, Mahadev Residency, Near Adajan Brts, Anand Mahal Road, Adajan, Surat -395009 Surat [Pan: Aaehd 3710 J] अपीलाथ" / Appellant ""थ"/Respondent Co. No.01/Srt/2021 In Ita No.1678/Ahd/2017 (Ay 2008-09) Devshibhai Jethabhai Sheta Vs Ito Ward -1(3)(6), (Huf), Room No.303, D-702, Mahadev Residency, Anavil Bussiness Centre , Anand Mahal Road, Adajan, Near Adajan Brts, Surat Surat -395009 [Pan: Aaehd 3710 J] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रती की ओर से /Assessee By Shritinish Mody Ca राज" की ओर से /Revenue By Smt. Usha Shorte Sr-Dr सुनवाई की तारीख/ Date Of Hearing: 15.04.2021 उद्घोषणा की तारीख/Pronouncement On: 19.04.2021 आदेश /O R D E R Per Pawan Singh, Judical Memebr: 1. This Appeal By Revenue & Cross Objection Therein By Assessee Are Directed Against The Order Of Commissioner Of Income-Tax (Appeals)-2, Hereinafter Referred As “Ld. Commissioner (Appeals), Surat, Dated 06.04.2017 For Assessment Year (Ay) 2008-09. The Revenue Has Raised Ground Following Grounds Of Appeal;

Section 143(3)Section 147Section 148Section 50C

Shri Satish Kumar Khandelwal C/O- Kalani & Co., Ca, 5Th Floor, Milestone Building, Gandhinagar, Turn, Tonk Road, Jaipur vs. ITO Ward-2(2), Jaipur, Ward-2(2)

ITA 734/JPR/2019[2008-09]Status: DisposedITAT Jaipur16 Apr 2021AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 734/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year: 2008-09 Satish Kumar Khandelwal, Cuke I.T.O., Vs. F-24, Nandpuri, Hawa Sadak, Ward 2(2), Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Akopk 0236 E Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 18/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 16/04/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 05/03/2019 For The A.Y. 2008-09, Wherein Following Grounds Have Been Taken: “1. The Ld. Cit(A) Has Erred On Facts & In Law In Upholding The Validity Of Order Passed By A.O. U/S 147 Of It Act, 1961. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Addition Of Rs. 6,29,044/- By Treating The Income From Sale Of Property As Short Term Capital Gain As Against Income From Business & Profession Claimed By The Assessee. 2.1 The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Above Addition By Applying Provision Of Section 50C Of The Act Without Considering The Fact That Assessee Purchased The Property In Auction From Uco Bank For Rs. 9,02,021/- On 2

For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 124Section 127Section 147Section 148Section 50C

Smt. Uma Mandal, 754, Ladhon Ka Mohalla, Behind Minerva Cinema, M.D. Road, Jaipur-302004, Jaipur vs. Income Tax Officer Ward-5(2), Jaipur, Ward-5(2)

In the result, this appeal of the assessee is dismissed

ITA 466/JPR/2019[2010-11]Status: DisposedITAT Jaipur16 Apr 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 466/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year: 2010-11 Smt. Uma Mandal, Cuke I.T.O., Vs. 754, Lodhon Ka Mohalla, Ward 5(4), Behind Minerva Cinema, M.D. Jaipur. Road, Jaipur-302004. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Apspm 2419 L Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vishal Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 10/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 16/04/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Jaipur Dated 22/02/2019 For The A.Y. 2010-11, Wherein Following Grounds Have Been Taken: “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Grossly Erred In Law & Facts By Confirming The Action Of Ld. A.O. In Assessing The Income Of The Assessee At Rs. 2037281.00 Rejecting The Claim Of The Assessee That He Earned Only Commission Income At The Rate Of 0.25 Percent & Treating Percent Of The Deposits In Her Bank Account As Her Income. The Additions Of Pursuance Of Same, Are Prayed To Be Deleted 2. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Grossly Erred In Law & Facts By Confirming The Action Of Ld. A.O. Of Initiating Penalty Under Section 271A & 271B Ignoring The Fact

For Appellant: Shri Vishal Gupta (CA)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 143(2)Section 147Section 148Section 151Section 271A