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

M.Malarvizhi, Chennai vs. ITO Non Corporate Ward 8(5), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 779/CHNY/2019[2013-14]Status: DisposedITAT Chennai19 Jul 2019AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.779/Chny/2019 िनधा"रण वष"/Assessment Year:2013-14 Smt. M. Malarvizhi, The Income Tax Officer, 18, Mettu Theru, Vs. Non Corporate Ward 8(5), Kumananchavadi, Chennai 600 034. Chennai 600 056. [Pan:Apjpm2455H] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Pranay J. Shah, C.A ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.07.2019 घोषणा की तारीख /Date Of Pronouncement : 19.07.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai Dated 30.01.2019 Relevant To The Assessment Year 2013-14. The Grounds Raised By The Assessee In The Grounds Of Appeal Are Reproduced As Under: “1. For That The Order Of The Learned Commissioner Of Income Tax (Appeals) - 9, Chennai U/S.271(1)(C) Of The Income Tax Act, 1961Is Opposed To Law, Facts & Circumstances Of The Case. 2. For That The Learned Commissioner Of Income Tax (Appeals) Erred In Passing The Order Dismissing The Appeal Filed By The Appellant Herein Without Noting That The Notice Issued By The 2

For Appellant: Shri Pranay J. Shah, C.A ""For Respondent: Shri AR.V. Sreenivasan, JCIT
Section 148Section 156Section 271(1)(c)Section 274Section 50C

Tamil Nadu State Transport Corpn, Coimbatore vs. ACIT, Company Circle-1(2), Coimbatore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2213/CHNY/2017[2010-11]Status: DisposedITAT Chennai19 Jul 2019AY 2010-11

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.2213/Chny/2017 िनधा"रण वष"/Assessment Year:2010-11 M/S. Tamil Nadu State Transport The Assistant Commissioner Of Corporation (Coimbatore Division) Ltd., Vs. Income Tax, 37, Mettupalayam Road, Company Circle 1(2), Coimbatore 641 043. Coimbatore. [Pan:Aaacc9092M] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Raghu, C.A. ""थ" की ओर से/Respondent By : Shri Guru Bashyam, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.06.2019 घोषणा की तारीख /Date Of Pronouncement : 19.07.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Coimbatore Dated 27.06.2017 Relevant To The Assessment Year 2010-11. The Assessee Has Raised The Following Grounds: (1) The Learned Cit(A) Ought To Have Held That The Impugned Proceedings U/S 147 Of The I.T. Act, 1961, Are Ab Initio Void, In The Facts & The Circumstances Of The Case & Unsustainable In Law. (2) The Learned Cit(A) Has Failed To Appreciate That There Was Only A Mere Change Of Opinion On The Basis Of Review Of The Existing Material On Record & As Such, The Proceedings U/S 143 (3) Rws 147 Of The I.T. Act, 1961

For Appellant: Shri K. Raghu, C.AFor Respondent: Shri Guru Bashyam, JCIT
Section 115JSection 143Section 143(1)Section 143(3)Section 147Section 148Section 14A