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

Amit Kumar, Gurgaon vs. ITO, Ward- 1(1), Gurgaon

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

ITA 7131/DEL/2018[2010-11]Status: DisposedITAT Delhi25 Apr 2019AY 2010-11

Bench: Sh. N. S. Sainiita No. 7131/Del/2018 : Asstt. Year : 2010-11 Amit Kumar, Vs Income Tax Officer, Ca M.R. Sahu, M Sahu & Ward-1(1), Associates, Cas, House No. 651, Gurgaon 1St Floor, Sector-10A, Gurgaon, Haryana-122001 (Appellant) (Respondent) Pan No. Auepk6598D Assessee By : Sh. M. R. Sahu, Fca Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing: 10.04.2019 Date Of Pronouncement:25.04.2019 Order This Is An Appeal Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals)-1, Gurgaon Dated 13.09.2018. 2. The Assessee Has Raised Additional Ground By Which He Has Challenged The Reopening Of The Assessment As Bad In Law. The Said Ground Reads As Under: “1. That On The Facts & In The Circumstances Of The Case In Law, The Appellant Submits That No Notice Under Section 148 Was Not Served Upon The Assessee & This Grounds Of Appeal Was Raised Before Cit(A) Not Adjudicated, Accordingly Reassessment Proceeding Under Section 147 Is Without Jurisdiction.” 3. At The Time Of Hearing, The Ld. Counsel Of The Assessee Submitted That The Additional Ground Should Be Accepted As It Is A Legal Ground Which Goes To The Root Of The Assessment Order & No Fresh Facts Are Required For 2 Amit Kumar

For Appellant: Sh. M. R. Sahu, FCAFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 147Section 148

M/S Shreeniwas Construction, Nagpur vs. ITO-Ward-1(4), Nagpur

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

ITA 152/NAG/2014[2004-05]Status: DisposedITAT Nagpur24 Apr 2019AY 2004-05

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.152/Nag/2014 िनधा"रण वष" / Assessment Year : 2004–05 Shreeniwas Construction, 99, Nirmal Akash Apartment, Laxmi Nagar, Nagpur-440022. .......अपीलाथ" / Appellant Pan : Abzfs2149E बनाम / V/S. Ito, Ward–1(4), ……""यथ" / Respondent Nagpur. Assessee By : Shri V. S. Sinde, Ca Revenue By : Shri U. U. Kasar, Jt. Cit सुनवाई क" तारीख / Date Of Hearing : 29.03.2019 घोषणा क" तारीख / Date Of Pronouncement : 24.04.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-I, Nagpur Dated 23.12.2013 For The Assessment Year 2004-05. 2 2. Briefly Stated The Relevant Facts Include That The Assessee Is A Firm & Is Engaged In The Business Of Real Estate, Construction & Developers. The Assessee Filed The Return Of Income Declaring Total Income Of Rs.55,45,297/-. The Assessment Was Completed U/S 143(3) R.W.S. 147 Of The Act Making An Addition On Account Of Short Term Capital Gain Earned On Sale Of Plot As Discussed In Para 6 & Others Of The Assessment Order. The Assessing Officer Computed The Income Of The Assessee In Para 7 Of His Order & The Same Is Extracted Hereunder :- “7. Subject To The Discussion Mentioned In The Preceding Paras, The Total Income Of The Assessee Is Computed As Under :- Computation Of Income Income From Capital Gain As Per Return Nil Add- Short Term Capital Gain Of Sale Of Plot As Discussed 55,45,297/- In Preceding Paras Assessed Total Income (Rounded To) 55,45,297/-

For Appellant: Shri V. S. Sinde, CAFor Respondent: Shri U. U. Kasar, Jt. CIT
Section 131Section 143(2)Section 143(2)(ii)Section 143(3)Section 148

Hajaram P. Purohit, Mumbai vs. DCIT Cen Cir 5(3), Mumbai

In the result, both the appeals filed by the assessee are hereby ordered to be allowed for statistical purposes

ITA 760/MUM/2018[2011-12]Status: DisposedITAT Mumbai24 Apr 2019AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.760 & 761/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2011-12 & 2012-13) Shri Hajaram P. Purohit बिधम/ Dcit Central Circle-5(3) Air India Building, 19Th Prop: Rinku Steel Vs. Corporation Ground Floor, Floor, Nariman Point, Zariwala Building, 1St Mumbai-400021. Khetwadi Lane, Near, Alankar Cinema, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agupp6813E (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Manoj Kumar Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 02.04.2019 घोषणा की तारीख /Date Of Pronouncement: 24/04/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 1.11.2017 Passed By The Commissioner Of Income Tax (Appeals) -53, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2011-12 & 2012-13. 2. The Assessee Has Raised The Following Grounds: - “Being Aggrieved By The Order Of Learned Cit (Appeals)-53. Mumbai. The Appellant Submits Herewith The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Shri Manoj Kumar Singh (DR)
Section 143(1)Section 143(2)Section 148