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

Dinesh R. Shah, Mumbai vs. Income Tax Officer, Ward 19(3)(2), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be Dismissed

ITA 1876/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Aug 2018AY 2009-10

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1876/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Shri Dinesh R. Shah (Legal बिधम/ Ito Ward-19(3)(2), Matru Heir Of Late Shri Mandir, Nana Chowk Vs. Rugnathmal A. Shah), 29, Mumbai-400007. Trimbak, Parshuram Street, 5Th Kumbharwada, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aktps4623G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. N. Hemlatha (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 09.07.2018 घोषणा की तारीख /Date Of Pronouncement: 29.08.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 02.01.2018 Passed By The Commissioner Of Income Tax (Appeals) - 30, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009-10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeal) Erred In

For Appellant: NoneFor Respondent: Ms. N. Hemlatha (DR)
Section 133(6)Section 142(1)Section 143Section 143(1)Section 143(3)Section 147Section 148Section 14SSection 234A

Devisingh Manana, Mumbai vs. Assistant Commissioner of Income Tax-32(1), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

ITA 4938/MUM/2017[2007-08]Status: DisposedITAT Mumbai29 Aug 2018AY 2007-08

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4938/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2007-08) बिधम/ Devisingh Manana G-15, Acit 32(1) Dy Moriya Estate, Oshiwara Commissioner Of Income Vs. Link Road, Andheri (W), Tax, Bandra-Kurla Complex, Mumbai-400053. Bandra (E), Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpm4248D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria (Ar) Assessee By: Shri Vimal Punmiya सुनवाई की तारीख / Date Of Hearing: 03.08.2018 घोषणा की तारीख /Date Of Pronouncement: 29.08.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 10.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-44 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ay. 2007- 08. 2. The Assessee Has Raised The Following Grounds: - The Ld. Cit(A) Has Grossly Erred In Confirming The “1. Reopening Of The Assessment U/S 147 R.W.S. 148 Of The Act By The Ao Whereas The Appellant Has Disclosed All The Facts

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Chaitanya Anjaria (AR)
Section 143(3)Section 147Section 148Section 154Section 194CSection 194C(1)Section 194C(2)Section 40Section 40A