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

Thomson Press India Ltd., New Delhi vs. ACIT, New Delhi

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

ITA 2561/DEL/2017[2007-08]Status: DisposedITAT Delhi27 Jul 2020AY 2007-08

Bench: Sh. Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Assessment Year: 2007-08 Thomson Press India Ltd. Vs. Acit 9, K-Block, Special Range – 9, Cannaught Circus New Delhi New Delhi – 110 001. Pan No. Aaact 4827 F (Appellant) (Respondent) Appellant By Shri Salil Agarwal, Adv. Shri Sailesh Gupta, Adv. Respondent By Shri Saras Kumar, Sr. D.R. Date Of Hearing: 21/07/2020 Date Of Pronouncement: 27/07/2020 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.01.2017 Of The Commissioner Of Income Tax (A)- 33, [‘Cit(A)’] New Delhi Relating To Assessment Year 2007-08. 2. The Relevant Facts As Culled From The Material On Records Are As Under: M/S. Thomson Press (India) Ltd. A.Y. 2007-08 2 3. Assessee Is A Company Which Is Stated To Be Engaged In The Business Of Commercial Printing & Photo Typesetting. Assessee Filed Its Return Of Income For A.Y. 2007-08 On 31.10.2007 Declaring Total Income Of Rs.17,65,29,535/-. The Case Was Selected For Scrutiny & Thereafter Initially The Assessment Was Framed U/S 143(3) Vide Order Dated 30.12.2009 & The Total Income Was Determined At Rs.18,91,41,620/-. Subsequently, The Case Was Reopened By Issuing Notice U/S 148, Which Was Issued & Served To The Assessee On 20.03.2012. Consequently, The Case Was Taken For Scrutiny & Thereafter Assessment Was Framed U/S 143(3) R.W.S 148 Vide Order Dated 22.03.2013 & The Total Income Was Determined At Rs.20,11,00,353/-. Aggrieved By The Order Of Ao, Assessee Carried The Matter Before The Cit(A) Who Vide Order Dated 16.01.2017 In Appeal No.96/15-16 Granted Partial Relief To The Assessee. Aggrieved By The Order Of Cit(A), Assessee Is Now Before Us & Has Raised The Following Grounds Of Appeal:

Section 143(3)Section 147Section 148Section 40

Assistant Commissioner of Income Tax, Circle - 6(3)(2), Mumbai vs. M/S Jeevandeep Prakashan Private Limited, Mumbai

In the result, appeal of the revenue is dismissed

ITA 2693/MUM/2019[2010-11]Status: DisposedITAT Mumbai21 Jul 2020AY 2010-11

Bench: Shri Pawan Singh & Shri M. Balaganeshacit Circle 6(3)(2), M/S Jeevandeep Prakashan Aayakar Bhavan, Pvt. Ltd., M.K. Road, Mumbai-400020. Vs. Plot No. 7, Industrial Estate, Off Ba Road, Opposite Lalbaug, Mumbai-400012, Pan: Aabcj0182E Appellant Respondent Revenue By : Miss Samatha ( Sr. Dr) Assessee By : Shri Prashant Shah (Dr) Date Of Hearing : 21.07.2020 Date Of Pronouncement : 21.07.2020 Orderunder Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal By Revenue Is Directed Against The Order Of Ld. Commissioner Of Income-Tax Appeals (Ld. Cit(A)-12, Mumbai Dated 14.01.2019 For Assessment Year 2020-11. 2. Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Business Of Publication Of Educational Books, Filed Its Return Of Income For Assessment Year 2020-11 Declaring Income Of Rs. 1.60 Crore. The Return Of Income Was Selected For Scrutiny & Assessment Was Completed Under Section 143(3) On 14.03.2013 Accepting The Return Income. Subsequently, Case Was Reopened Under Section 147. The Assessing Officer Reopened The Case On The Basis Of Information Received From The Dgit (Inv.), Mumbai

For Appellant: Shri Prashant Shah (DR)For Respondent: Miss Samatha ( Sr. DR)
Section 143(2)Section 143(3)Section 147Section 148Section 254(1)