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

Mynd Solutions P.Ltd, Gurgaon vs. ACIT, Circle-17(1), New Delhi

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

ITA 6633/DEL/2018[2010-11]Status: DisposedITAT Delhi13 Mar 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2010-11 Mynd Solutions P. Ltd., Vs. Acit, Plot No.280, Udyog Vihar, Phase-Iv, Circle-17(1), Gurgaon. New Delhi. Pan: Aadcm1046J (Appellant) (Respondent) Assessee By : Shri Afsar Jamil, Ca Revenue By : Ms Rinku Singh, Sr.Dr Date Of Hearing : 12.03.2019 Date Of Pronouncement : 13.03.2019 Order Per Shri R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 25Th September, 2018 Of The Cit(A)-6, Delhi, Relating To Assessment Year 2010-11. 2. Although A Number Of Grounds Have Been Raised By The Assessee, They All Relate To The Order Of The Cit(A) In Confirming The Action Of The Assessing Officer In Treating The Project Expenses Of Rs.1,48,28,489/- As Capital Expenditure As Against Revenue Expenditure Treated By The Assessee. 3. The Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Providing Consultancy & Professional Services. It Filed Its Return Of Income On 11Th October, 2010 Declaring Total Income Of Rs.1,78,29,443/-. The Assessment Was Completed U/S 143(3) On 2Nd March, 2013. Subsequently, On The Basis Of Information Received That The Assessee In Its Computation Of Income Has Claimed 100% Deduction On Account Of Capitalized Project Expenses Of Rs.1,48,28,489/- As Revenue Expenditure, The Case Of The Assessee Was Reopened By Issue Of Notice U/S 148. The Assessing Officer Completed The Assessment U/S 143(3)/147 Wherein He Made An Addition Of Rs.1,48,28,489/- Treating The Project Expenses As Capital Expenditure In Nature.

For Appellant: Shri Afsar Jamil, CAFor Respondent: Ms Rinku Singh, Sr.DR
Section 143(3)Section 148

Smt. Shanti Tiwari, Kanpur vs. Income Tax Officer, Ward- 3(4), Kanpur

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

ITA 596/LKW/2018[2010-11]Status: DisposedITAT Lucknow08 Mar 2019AY 2010-11

Bench: Shri. T.S. Kapoorassessment Year:2010-11 Smt. Shanti Tiwari V. Income Tax Officer 80 S Block, Yashoda Nagar Ward 3(4) Kidwai Nagar Kanpur Kanpur Tan/Pan:Bgcpt3687B (Appellant) (Respondent) Appellant By: Shri J. K. Yadav, Advocate Respondent By: Shri C. K. Singh, D.R. Date Of Hearing: 05 03 2019 Date Of Pronouncement: 08 03 2019 O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Kanpur Dated 13/6/2018 For Assessment Year 2010-11. The Grounds Of Appeal Taken By The Assessee Are Reproduced Below:- 1.That The Ld. Cit Appeals Has Erred In Law As Well As On Facts In Not Allowing Opportunity Of Being Heard On 08.05.2018 When The Case Was Adjourned From 24.04.2018 On Account Of His Non- Availability In The Office. The Appellate Order Was Passed On 13.06.2018 Without Allowing Any Opportunity Of Being Heard To Explain Her Appeal. 2. That The Ld. Cit Appeals Has Further Erred In Law As Well As On Facts In Not Appreciating At Ail That No Notice U/S. 148 Had Ever Been Served Upon The Address 80 Blogk-S, Yashoda Nagar, Kidwai Nagar, Kanpur Which Was Residential Address Of The Appellant & Notice U/S. 148 Was Served Upon Old Address I.E. 133/171 M Block, Kidwai Nagar, Kanpur & These Address Were Available In The Sale Deed Which Was Made Basis To Initiate The Proceedings U/S. 148. Ita No.596/Lkw/2018 Page 2 Of 4

For Appellant: Shri J. K. Yadav, AdvocateFor Respondent: Shri C. K. Singh, D.R
Section 148