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

Hindustan Steelworks Construction Limited, Kolkata vs. ITO, Ward - 12(1), Kolkata

Appeal is allowed in above terms

ITA 1209/KOL/2018[2007-08]Status: DisposedITAT Kolkata12 Jun 2020AY 2007-08

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.1209/Kol/2018 ("नधा"रण वष" / Assessment Year: 2007-08) Hindustan Steelworks Construction Vs. Ito, Ward-12(1), Kolkata Ltd. 5/1, Commissionrate Road, (Hastings) Kolkata – 700022(W.B) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaach9524R (Appellant) .. (Respondent) Appellant By : Shri S.M. Surana, Adv./H.V. Bhardwaj, Fca/Swaraj Kr., Fca Respondent By : Smt. Ranu Biswas Meena, Dr सुनवाईक"तार"ख/ Date Of Hearing : 13/02/2020 घोषणाक"तार"ख/Date Of Pronouncement : 12/06/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2007-08 Arises Against The Commissioner Of Income Tax (A) - 4, Kolkata Dated 01.03.2018 Passed In Case No.1999/Cit(A)-4/2014-15/Kol Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. For The Reasons Stated In Assessee’S Petition Dated 01.06.2018 & On Account Of No Objection From Department Side, We Condone Four Days’ Delay In Filing Of The Instant Appeal. 3. It Transpires At The Outset That The Assessee Has Raised An Additional Ground Challenging Validity Of Reopening Initiated U/S 148/147 Of The Act. A Very Strong Objection Has Come From The Revenue Side That This Additional Ground Does Not Deserve To Be Admitted At Second Appellate Stage. We Find No Merit In Revenue’S

For Appellant: Shri S.M. Surana, Adv./H.V. Bhardwaj, FCA/Swaraj Kr., FCAFor Respondent: Smt. Ranu Biswas Meena, DR
Section 143(3)Section 148Section 28

Shree Shree Mohanananda Samaj Seva Samity, Kolkata vs. ITO(E) WD-1(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2650/KOL/2019[2010-11]Status: DisposedITAT Kolkata05 Jun 2020AY 2010-11

Bench: Shri P.M. Jagtap(Kz)] I.T.A. No. 2650/Kol/2019 Assessment Year: 2010-11 Shree Shree Mohanananda Samaj Seva Samity.......................................………........Appellant Ae-467, Salt Lake City, Kolkata – 700 064. [Pan: Aadts 7675 N] Vs Ito, (Exemption)Ward 1(3) Kolkata...................……………………………………….....Respondent 10B, Middleton Row, Kolkata – 700 071. Appearances By: Shri V.N. Datta, Advocate Appearing On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 12, 2020 Date Of Pronouncing The Order : June 05, 2020 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 25, Kolkata Dated 18.10.2019 & The Issue Involved Therein Relates To The Disallowance Of Assessee’S Claim For Exemption Of Rs. 13,48,365/- U/S 11(2) Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is A Trust Which Is Registered U/S 12A Of The Income Tax Act, 1961. The Return Of Income For The Year Under Consideration Was Filed By The Assessee On 08.11.2010 Declaring Its Total Income At Nil. Although The Said Return Was Initially Processed By The Ao U/S 143(1) Of The Act, The Assessment Was Subsequently Reopened By Him & A Notice U/S 148 Was Issued By Him To The Assessee On 26.03.2015. In Reply, A Letter Was Filed By The Assessee Requesting That The Return Filed Originally On 08.11.2010 Be Treated As The Return Filed In Response To Notice U/S 148. As Noticed By The Ao, The Assessee Had Set Apart A Fund Of Rs. 13,48,365/- During The Year Under Consideration By Virtue Of Section 11(2) Of The Act. In 2 I.T.A. No. 2650/Kol/2019 Assessment Year: 2010-11 Shree Shree Mohanananda Samaj Seva Samity

Section 11(2)Section 12ASection 143(1)Section 143(3)Section 144Section 148