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

Federal Agancy Pvt. Ltd., Kolkata vs. PCIT, -1, Kolkata

In the result, all the appeals are dismissed

ITA 626/KOL/2015[2010-2011]Status: DisposedITAT Kolkata03 Feb 2017AY 2010-2011

Bench: Shri N.V. Vasudevan, Jm & Shri M.Balaganesh, Am Assessment Year:2010-11 Federal Agency Pvt.Ltd. Vs. Pr. Commissioner Of Income Tax, 2B, Grant Lane, 1St Floor, Room Kolkata-1, No.107, Kolkata-700012. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aabcf 3732Cb Rep. By Shri Niraj Kumar, Cit Assessment Year:2009-10 Bittu Trading Pvt. Ltd. Vs. Pr. Commissioner Of Income Tax, 40, Weston Street, 3Rd Floor, Kolkata- Kolkata-1, 700013. Aayakar Bhawan, Rep. By None P-7, Chowringhee Square, Kolkata – 700 069. Pan : Aabcb 4157 D Rep. By Niraj Kumar, Cit Assessment Year:2009-2010 M/S. Mahamaya Goods Pvt. Ltd. Vs. Commissioner Of Income Tax, Rajesh Mohan & Associates, Kolkata-1, Chartered Accountants, Unit No.18, Aayakar Bhawan, 5Th Floor, 34, Ganesh Chandra P-7, Chowringhee Square, Avenue, Kolkata-700013. Kolkata – 700 069. Rep. By None Rep. By Shri Niraj Kumar, Cit Pan : Aagcm 0764 L Assessment Year:2009-2010 M/S. Indrajit Dealers Pvt. Ltd. Vs. Commissioner Of Income Tax, Rajesh Mohan & Associates, Kolkata-1, Chartered Accountants, Unit No.18, Aayakar Bhawan, 5Th Floor, 34, Ganesh Chandra P-7, Chowringhee Square, Avenue, Kolkata-700013. Kolkata – 700 069. Rep. By None Rep. By Shri Niraj Kumar, Cit

Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263Section 68

Mr. Anil Bansal, Delhi vs. ACIT, New Delhi

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

ITA 2783/DEL/2016[2007-08]Status: DisposedITAT Delhi01 Feb 2017AY 2007-08

Bench: Smt. Diva Singhassessment Year : 2007-08 Anil Bansal, Acit, Central Circle- 14, 208, 3Rd Floor, S-524, New Delhi Vs. Shakarpur, Vikas Marg, Delhi Pan : Aafpd 2542 K (Appellant) (Respondent) : Appellant By Shri C. P. Singh, Asstt. To Ar Respondent By : Shri F.R. Meena, Sr.Dr Date Of Hearing : 16-11-2016 Date Of Pronouncement : 01-02-2017 O R D E R Per Diva Singh, J.M. : The Present Appeal Has Been Filed By The Assessee Assailing The Correctness Of The Order Dated 09.02.2016 Of The Cit(A)-30, New Delhi Pertaining To 2007-08 Assessment Year On The Following Grounds :- “1. Whether The Ld. Cit(A) Was Justified By Sustaining The Assumption Of Jurisdiction For Invoking The Provisions Of Sec.147 / 148 Of The Income Tax Act, 1961. Admittedly, The Proceedings, Are Nothing But Review Of Earlier Decision, Were Based On The Evidence/Explanations Already On Record At The Time Of Original Proceedings Which Were Dropped After A Marathon Arguments. 2. Whether The Ld. Cit(A) Was Justified By Not Quashing The Order When There Was No Disposal - Off Objections In The Manner It Was Objected By Appellant. 3. Whether The Ld. Cit(A) Was Justified Even On Merits That The Outstanding Professional Charges Rs.93000/- & Rent Payable Rs.108623/- Were Added In The Current Year'S Income, Although These Are Brought Forward Except Rs.39000/- Rent Payable For The Year Directly Credited In The Landlord A/C, Without Appreciating The Evidence On Record. That The Appellant Craves Leave To Amend, Alter Or To Raise Any Other Ground At The Time Of Hearing.”

For Respondent: Shri F.R. Meena, Sr.DR
Section 147Section 2