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

Sh. Mahesh Prakash Sharma, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed

ITA 6113/DEL/2015[2007-08]Status: DisposedITAT Delhi19 Jan 2021AY 2007-08

Bench: Sh. H. S. Sidhuand, Sh. Anil Chaturvedi(Through Video Conferencing) Sh. Mahesh Prakash Vs. Ito, Sharma, Ward – 37(2), 430, Hawa Singh Block, New Delhi Asiad Village, New Delhi-110049 Pan : Aaaps 3525 F (Appellant) (Respondent) Assessee By Shri P. C. Yadav, Advocate Revenue By Shri Prakash Dubey, Sr. D.R. Date Of Hearing: 17.12.2020 Date Of Pronouncement: 19.01.2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-20, New Delhi Passed Under Section 143(3)/147 Of The Act, 1961 Order Dated 18.08.2015 For Assessment Year 2007-08. 2. The Relevant Facts As Culled From The Material On Records Are As Under: A.Ys. 2007-08 3. Assessee Is An Individual Stated To Be Doctor Deriving Income From Profession, Salary, House Property & Other Sources. Assessee Filed His Return Of Income For A.Y. 2007-08 Declaring Total Income At Rs.5,84,935/- & The Same Was Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Was Reopened For Reassessment U/S 147 & Accordingly Notice U/S 148 Was Issued & Served Upon The Assessee. Thereafter, The Case Was Selected For Scrutiny & Assessment Was Framed U/S 147/143(3) Of The Act Vide Order Dated 11.03.2014 & The Total Income Was Determined At Rs. 15,84,940/-.

Section 132Section 143(1)Section 143(3)Section 147Section 148Section 28

Jv of Kiran Infra Engineers Ltd. & Eliop, Jaipur vs. Income Tax Officer, Ward-4-2, Jaipur

In the result, this appeal of the assessee is allowed

ITA 711/JPR/2019[2010-11]Status: DisposedITAT Jaipur19 Jan 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 711/Jp/2019 Assessment Year: 2010-11 Jv Of Kiran Infra Engineers Ltd. & Cuke I.T.O. Vs. Eliop, Ward-4(2), B-141, Road No. 9D, Vki Area, Jaipur. Jaipur. Pan No.: Aaaaj 5853 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 15/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 19/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A), Ajmer Dated 01/03/2019 For The A.Y. 2010-11, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. On Facts & In Circumstances Of The Matter, The Ld. Cit(A) Erred In Confirming Addition Of Rs.1,18,96,853/- Made By Applying Profit Rate Of 8% On Contract Receipts Of Rs.14,87,10,667/- Arbitrarily. 1.1 That, The Ld.Cit(A) Has Further Erred In Upholding Addition By Completely Ignoring The Submission Made By Assessee & Evidences Adduced. The Addition Confirmed Are Solely Based On Conjectures & Surmises. Appellant Thus Prays That Such Addition Being Most Arbitrary, Unjust, Untenable & Bad In Law, Deserve To Be Deleted. 1.2. That, Ld. Cit(A) Has Grossly Erred In Upholding Addition Of Rs.1,18,96,853/- By Disregarding The Submission Of Assessee That Entire

For Appellant: Shri Manish Agarwal (CA)For Respondent: Smt. Rooni Paul (Addl.CIT)
Section 133(6)

Swami Keshwanand Shikshan Sansthan, Sikar vs. Commissioner of Income Tax (Exemption), Jaipur

In the result, appeal of the assessee is allowed partly

ITA 273/JPR/2020[2010-11]Status: DisposedITAT Jaipur18 Jan 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 273/Jp/2020 Assessment Year: 2010-11 Swami Keshwanand Sikshan Cuke C.I.T. (Exemption), Vs. Sansthan, Jaipur (Rajasthan). N.H.11, Bhadhadhar, Sikar-332315 (Raj) Pan No.: Aafts 2816 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Shafi Mohammed Chouhan (Adv) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(Exemption), Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2010-11, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. That The Order Of Ld. Commissioner Of Income Tax (Exemption), Jaipur Is Illegal & Against The Law Because The Ld. Assessing Officer Has Examined & Considered The Matter Involved In This Order. 2. That The Donation So Received Was Received For A Specific Purpose & Use, Hence It Was Corpus Donation. The Corpus Donation Cannot Be Treated As Part Of Income & Expenditure Account.

For Appellant: Shri Shafi Mohammed Chouhan (Adv)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 148Section 263