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

Solapur Janata Sahakari Bank Ltd, Solapur vs. Assistant Commissioner of Income-Tax, Circle - 2, Solapur

In the result, the appeal of the assessee is partly allowed

ITA 24/PUN/2018[2009-10]Status: DisposedITAT Pune21 Nov 2019AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.24/Pun/2018 िनधा"रण वष" / Assessment Year : 2009-10 Solapur Janata Sahakari Bank Ltd., Shivsmarak Sankul, Gold Finch Peth, Solapur-413007. .......अपीलाथ" / Appellant Pan : Aaaas3627C बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Solapur. Assessee By : Shri Pramod Shingte Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 19.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 21.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-7, Pune Dated 17.10.2017 For The Assessment Year 2009-10. 2. The Assessee Raised Various Grounds (Ground Nos.1 To 5) & Questioned The Validity Of The Reassessment Made By The Assessing Officer U/S 147 Of The Act (Ground No.2). Stating That These Are The Legal Issue, Ld. Counsel For The Assessee Filed Additional Ground Also & The Same Is Extracted As Under :- “On The Facts & Circumstances Of The Case & In Law, The Lower Authorities Have Erred In Initiating The Proceedings U/S 147 Without Recording Appropriate Satisfaction U/S 151 Of Hon’Ble Principle

For Appellant: Shri Pramod ShingteFor Respondent: Shri S. P. Walimbe
Section 147Section 148Section 151

Sunservices Forklifts Parts P.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Pune

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 748/PUN/2017[2010-11]Status: DisposedITAT Pune21 Nov 2019AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.748/Pun/2017 िनधा"रण वष" / Assessment Year : 2010-11 Sunservices Forklifts Parts P. Ltd., S-50, S-Block, Midc, Bhosari, Pune-411026. .......अपीलाथ" / Appellant Pan : Aalcs8518H बनाम / V/S. Dcit, Circle-10, ……""यथ" / Respondent Pune. Assessee By : Shri Subhash Chhajed Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 19.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 21.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-9, Pune Dated 30.12.2016 For The Assessment Year 2010-11. 2. The Grounds Raised By The Assessee Are As Under :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Re- Opening Proceedings Initiated By Issuance Of Notice U/S 148 Of The Act Invalid & Bad In Law. 2. On The Facts & In The Circumstances Of The Case & In Law, The Assessment Order Passed U/S 143(3) R.W.S. 147 Of The Act Is Invalid & Bad In Law. 3. On The Facts & In The Circumstances Of The Case & In Law, The Learned C.I.T.(A) Erred In Dismissing The Appeal. 4. On The Facts & In The Circumstances Of The Case & In Law, The Learned C.I.T.(A) Erred In Upholding The Action Of The Learned A.O. In Making An Addition Of Rs.26,28,592/- As ‘Addition On Account Of Bogus Purchases’.

For Appellant: Shri Subhash ChhajedFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 234B