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

Spectra Solutions, Mumbai vs. Income Tax Officer, Ward 22(3)(4), Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 473/MUM/2018[2009-10]Status: DisposedITAT Mumbai26 Nov 2019AY 2009-10

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 473/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) M/S. Spectra Solutions बिधम/ Ito Ward-22(3)(4) Room No.304, 4Th Floor, New Satguru Nanik Vs. Industrial Estate Gala No.1, Piramal Chamber, Lalbaug, Jay Coach Naka, New Mumbai-400012. Western Express Highway, Goregaon (E), Mumbai- 400053. आयकर अपील सं/ I.T.A. No. 35/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Ito Ward-22(3)(4) M/S. Spectra Solutions Room No.304, 4Th Floor, New Satguru Nanik Vs. Piramal Chamber, Lalbaug, Industrial Estate Gala No.1, Mumbai-400012. Jay Coach Naka, New Western Express Highway, Goregaon (E), Mumbai- 400053. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanfm8588J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Dinkle Hariya Revenue By: Shri V. Vinod Kumar सुनवाई की तारीख / Date Of Hearing: 08/11/2019 घोषणा की तारीख /Date Of Pronouncement: 26/11/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee As Well As Revenue Has Filed The Above Mentioned Appeals Against The Order Dated 13.10.2017 Passed By The Commissioner Of

For Appellant: Shri Dinkle HariyaFor Respondent: Shri V. Vinod Kumar
Section 143(1)Section 147Section 69C

Rampuria Industries & Investments Ltd., Kolkata vs. DCIT, Circle - 7(2), Kolkata

The appeal are dismissed

ITA 1891/KOL/2018[2011-12]Status: DisposedITAT Kolkata22 Nov 2019AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1891/Kol/2018 ("नधा"रण वष" / Assessment Year: 2011-12) Rampuria Industries & Vs. Dcit, Circle-7(2), Kolkata. Investments Ltd. C/O. Subash Agarwal & Associates, Siddha Gibson, 1, Gibson Lane, 2Nd Floor, Suite-213, Kolkata-700069. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6319P (Appellant) .. (Respondent) Appellant By : Shri Subash Agarwal, Advocate Respondent By : Shri Supriyo Pal, Jcit, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 05/11/2019 घोषणाक"तार"ख/Date Of Pronouncement : 22/11/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Commissioner Of Income Tax (A) - 3, Kolkata Dated 03.08.2018 Passed In Case No.347/Cit(A)-3/Cir-7(2)/15-16/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. The Assessee’S Twin Substantive Grounds Raised In The Instant Appeal Challenge Correctness Of Validity Of The Impugned Reopening Followed By Disallowance Of Losses Of Rs.26,68,128/- Derived From Currency Derivative Transactions As Bogus In The Course Of Re-Assessment As Affirmed In The Lower Appellate Proceedings.

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 132Section 132(4)Section 133(6)Section 143(2)Section 143(3)Section 147Section 148Section 43(5)(d)