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

Prakash Dayaram Chandnani, Rajkot vs. ITO Ward 2(1)(1), Rajkot

In the result, appeal filed by the assessee is partly allowed in above terms

ITA 927/RJT/2026[2019-20]Status: DisposedITAT Rajkot29 Sept 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 927/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Prakash Dayaram Chandnani, Ito Ward 2(1)(1), Rajkot, 63, Gumansinhji Shopping Centre, Aayakar Bhawan, Race Course Vs. Opp. Vegetable Market Dhebar Ring Road, Rajkot, Road, Rajkot, Gujarat-360001, Gujarat-360001. "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Acipc2285K (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Shishir Kumar, Ld. Sr. Dr Date Of Hearing : 30/07/2026 Date Of Pronouncement : 29/09/2026 :: Order :: Per,Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 17.04.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 23.03.2024. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: 1. That The Learned Cit(A) Has Grievously Erred In Law & On Facts In Upholding The Action Of The Learned A.O. In Assuming Jurisdiction & Initiating Income Prakash Dayaram Chandnani

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 143(1)Section 143(2)Section 147Section 148Section 250Section 250(6)Section 69A

Sh. Chandra Shekhar Yadav, Howrah, (W.B) vs. Assessment Unit, Allahabad

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

ITA 25/ALLD/2024[2012-13]Status: DisposedITAT Allahabad29 Sept 2026AY 2012-13

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2012-13 Sh. Chandra Shekhar Yadav, Vs. Assessment Unit R/O, 152/3/4/1, Salkia School Road Howrah, West Bengal-711101 Pan: Aampy6717E (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Kaushalendra Tewari, Cit Date Of Hearing: 07.09.2026 Date Of Pronouncement: 29.09.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 1101.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer, Passed Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 For The Assessment Year 2018-19 Dated 9.03.2023. The Grounds Of Appeal Are As Under: - “1. That Having Regard To The Facts & Circumstances Of The Case, Assumption Of Initiating The Proceedings U/S 147 & Passing The Impugned Order U/S 143(3)/147 & That Too Without Complying With Mandatory Conditions U/S 147 To 151 As Envisaged Under The Income Tax Act, 1961, Is Bad In Law & Against The Facts & Circumstances Of The Case. 2. That In Any Case & In Any View Of The Matter, Without Service Of Notice & Without Providing An Opportunity Of Being Heard & Passing The Impugned Order U/S 147/144B, Is Illegal, Bad In Law & Against The Facts & Circumstances Of The Case & The Same Is Not Sustainable On Various Legal & Factual Grounds.

For Appellant: NoneFor Respondent: Sh. Kaushalendra Tewari, CIT
Section 143(3)Section 147Section 148Section 234A