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

Sonam Trading P. Ltd, Mumbai vs. ITO 8(2)(3), Mumbai

In the result, the appeal by the assessee stands allowed

ITA 6816/MUM/2016[2007-08]Status: DisposedITAT Mumbai02 Jul 2018AY 2007-08

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 6816/Mum/2016 ("नधा"रण वष" / Assessment Year: 2007-08) M/S. Sonam Trading Private Limited Ito-8(2)(3), बनाम/ 401, Elegant, 8Th & 12Th Cross Lane, Aaykar Bhavan, Room N. 618, 6Th Floor, M. K. Road, Khar (W), Mumbai-400 052 Vs. Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabcs 6120 K (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Subodh Ratna Parkhi ""यथ" क" ओर से/Respondent By : Ms. Aarju Garodia सुनवाई क" तार"ख / : 05.06.2018 Date Of Hearing घोषणा क" तार"ख / : 02.07.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) – 14, Mumbai Dated 23.09.2016, Pertaining To Assessment Year 2007-08. 2. The Grounds Of Appeal Read As Under: 1. The Hon. Cit (A) Erred In Upholding The Re-Opening Of Assessment U/S 147 Of The It Act 1961, By Issue Of Notice U/S 148 On 26.03.2014, Inspite Of Absence Of Valid Reason That Income Chargeable To Tax In The Hands Of The Appellant Had Escaped Assessment.

For Appellant: Shri Subodh Ratna ParkhiFor Respondent: Ms. Aarju Garodia
Section 147Section 148Section 28

DCIT 15(1)(1), Mumbai vs. A.J. Buildcon P.Ltd, Mumbai

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

ITA 6204/MUM/2016[2009-10]Status: DisposedITAT Mumbai29 Jun 2018AY 2009-10

Bench: Shri B. R. Baskaran, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6204/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2009-10) The Dy. Cit 15(1)(1), बिधम/ M/S. A. J. Buildcon Pvt. Ltd. Mumbai Room No. 470, 4Th 514, Marathon Max, Opp, Vs. Floor, Aayakar Bhavan, Nirmal Life Style, Lbs Maharshi Karve Road, Road, Mulund (W), Mumbai-400020. Mumbai-400080. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagca6548Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri M. V. Rajguru (Dr) Assessee By: Shri Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 01.06.2018 घोषणा की तारीख /Date Of Pronouncement: 29.06.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 22.07.2016 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Revenue Has Raised The Following Grounds: - “1. "On The Farts & In The Circumstances Of The Case & In Taw, The Ld. C1T(A) Erred Directing The Assessing Officer To Delete The Entire Disallowance Of Rs.67,99Hl3Q/-Mad Account Of Alleged Bogus Purchases, Without Appreciating The Fact That The Said Seller Pa Were Found To Be Hawala Operators/ Bogus Billers?, As Per Findings Given By (He Sales A.Y.2009-10

For Appellant: Shri Dr. P. DanielFor Respondent: Shri M. V. Rajguru (DR)
Section 143(1)Section 147Section 148Section 40A