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

Sapna Vipin Sethi, Auranagabad vs. ITO WD-1(5), Aurangabad

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 905/PUN/2026[2015-16]Status: DisposedITAT Pune31 Jul 2026AY 2015-16

Bench: Shri Rama Kanta Panda & Ms. Astha Chandraassessment Year : 2015-16 Sapna Vipin Sethi, Ito, Ward-1(5), Flat No.1, Aurangabad 2Nd Floor, Naraya Plaza, Vs. Lic Building, Cidco, B-Wing, Cidco Cannaught Cannaught Place No.5, Garden N-5, Cidco Jalgaon Road, Aurangabad. Aurangabad. Pan : Aptps1554H (Appellant) (Respondent) Assessee By : Shri Shubham Rathi (Virtual) Department By : Ms. Bhavya. I.V. – Jt.Cit Date Of Hearing : 24-06-2026 Date Of Pronouncement : 31-07-2026 O R D E R Per Astha Chandra, J.M.: The Appeal Filed By The Assessee Is Directed Against The Order Dated 02-01-2026 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”], U/S. 250 Of The Income Tax Act, 1961 (The “Act”), Pertaining To Assessment Year (“Ay”) 2015-16. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is An Individual. She Did Not File Her Return Of Income For Ay. 2015-16. Based On The Information Available With The Department, It Was Found That The Assessee Had Entered Into Certain Transactions Relating To Purchase Of Immoveable Property & Deposit Of Cash In Her Savings Bank Account Maintained With Bombay Mercantile Co-Operative Bank Ltd., The Sources Of Which Remained Unexplained Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus Reopened U/S. 147 Of The Act By Issue Of Notice U/S. 148 Of The Act Dt. 07-04-2022. In Response To The Said Notice

For Appellant: Shri Shubham RathiFor Respondent: Ms. Bhavya. I.V. – Jt.CIT
Section 133(6)Section 142(1)Section 147Section 148Section 151ASection 249(3)Section 250Section 69A

Sanjau Bajirao Balwadkar, Pune vs. ITO WD-2(2), Pune

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 676/PUN/2026[2018-19]Status: DisposedITAT Pune31 Jul 2026AY 2018-19

Bench: Shri Rama Kanta Panda & Ms. Astha Chandraassessment Year : 2018-19 Sanjay Bajirao Balwadkar, Income Tax Officer, A/P Balewadi, Tal. Haveli, Ward-2(2), Pune-411045. Vs. Pmt Building, Pan : Aajpb3906H Swargate, Pune-411037. (Appellant) (Respondent) Assessee By : Shri Rohit S Tapadiya Department By : Shri Sandeep P Sathe, Jcit Date Of Hearing : 28-07-2026 Date Of Pronouncement : 31-07-2026 O R D E R Per Astha Chandra, J.M.: The Appeal Filed By The Assessee Is Directed Against The Order Dated 07-08-2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”], U/S. 250 Of The Income Tax Act, 1961 (The “Act”), Pertaining To Assessment Year (“Ay”) 2018-19. 2. There Is A Delay Of 105 Days In Filing Of This Appeal Before The Tribunal, For Which The Assessee Has Filed An Application Seeking Condonation Of The Said Delay Along With An Affidavit, Explaining Therein The Reasons For Such Delay. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Live Law (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal.

For Appellant: Shri Rohit S TapadiyaFor Respondent: Shri Sandeep P Sathe, JCIT
Section 142(1)Section 144Section 147Section 148Section 148ASection 151Section 250