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

M/S. Limelight Towers (P) Ltd., New Delhi vs. ACIT, New Delhi

In the result, appeal of the assessee is allowed

ITA 580/DEL/2014[2003-04]Status: DisposedITAT Delhi11 Dec 2015AY 2003-04

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2003-04 Limelight Towers (P) Ltd. Vs Acit, Central Circle-2, F-8, Okhla Industrial Area, New Delhi Phase-I, New Delhi (Pan: Aaacl2094C) (Appellant) (Respondent) Appellant By : Sh. Salil Aggarwal, Adv. & Sh. Shailesh Gupta, Ca. Respondent By : Sh. Yatendra Singh Singh, Sr Dr Date Of Hearing: 19.11.2015 Date Of Pronouncement: 11.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Dated 28.11.2013 Of Learned Commissioner Of Income Tax(Appeals)-Vi, New Delhi, For The Assessment Year 2003-04, Raising Following Grounds Of Appeal: 1. That The Order Passed U/S 250 Of The Income-Tax Act, 1961 Is Wrong, Bad In Law & Against The Facts & Circumstances Of The Case. 2. That The Learned Cit (Appeals) Should Have Allowed The Appeal As The Assessment Completed U/S 147 On The Basis Of Reopening By Issue Of Notice U/S 148 Was Wrong & Bad Both In Law & On Facts. 3. That Both Cit (Appeals) & Assessing Officer Have Erred In Law & On Facts In Making An Addition Of Rs 10,50,000/-In Total Income Treating The Share Application Money As Unexplained Cash Credit U/S 68 Of I.T Act 1961 In Respect To The Following Shareholders: I. Pista Devi , C-277/3 Gali No 13 Bhajan Pura, Delhi

For Appellant: Sh. Salil Aggarwal, Adv. & Sh. Shailesh Gupta, CAFor Respondent: Sh. Yatendra Singh Singh, Sr DR
Section 132Section 143Section 143(1)Section 143(3)Section 147Section 148Section 151(2)Section 153ASection 250Section 68

DCIT 2(3), Mumbai vs. Tata Sons Ltd, Mumbai

In the result, appeal of the revenue as well as cross objection filed by the assessee are dismissed

ITA 1719/MUM/2012[2004-05]Status: DisposedITAT Mumbai09 Dec 2015AY 2004-05

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.1719/Mum/2012 (नििाारण वषा / Assessment Year :2004-2005) Acit-2(3), Mumbai-20 Vs. M/S Tata Sons Ltd., Bombay House, 24, Homi Mody Street, Fort, Mumbai-400001 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaact 4060 A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection No.70/Mum/2013 (नििाारण वषा / Assessment Year :2004-2005) M/S Tata Sons Ltd., Bombay Vs. Acit-2(3), Mumbai-20 House, 24, Homi Mody Street, Fort, Mumbai-400001 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaact 4060 A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By Manjunatha R Swamy : ननधाारयती की ओर से /Assessee By : Shri Dinesh Vyas सुनवाई की तायीख / Date Of Hearing : 19/10/2015 घोषणा की तायीख/Date Of Pronouncement 09/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue & Cross Objection Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Year 2004-05, In The Matter Of Order Passed U/S.143(3) R.W.S.148 Of The It Act. 2. Rival Contentions Have Been Heard & Record Perused. In This Case, The Assessment Was Reopened By Issue Of Notice U/S.148 On 6-3-

For Appellant: Shri Dinesh Vyas
Section 10ASection 142Section 142(1)Section 143(3)Section 147Section 148