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

Ashish Kamleshkumar Shah, HUF, Ahmedabad vs. The ITO, Ward-3(3)(2), Ahmedabad

Appeal of the assessee is partly allowed for statistical purposes

ITA 2493/AHD/2025[2019-20]Status: DisposedITAT Ahmedabad17 Jun 2026AY 2019-20

Bench: Ms. Suchitra Kamblemr. Ashish Kamleshkumar Shah, Huf, Income Tax Officer, 2, Kaladham Appt., Ward 3(3)(2), Haridas Park, Vejalpur, Vs. Ahmedabad Nehrunagar, Satellite, Gujarat Ahmedabad Gujarat Pan: Aacha1755Q (Appellant) : (Respondent) Assessee By : Ms. Kaushani Shah, Ar : Shri Girish Parihar, Sr. Dr Respondent By : 01.04.2026 Date Of Hearing Date Of Pronouncement : 17.06.2026 O R D E R Per : Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 15.10.2025 For The Assessment Year (In Short “Ay”) 2019-20. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. That The Reassessment Proceedings Are Not Tenable In Law & Therefore Additions Made Be Deleted. 2. That The Learned Cit(A) Has Erred In Upholding Donation Of Rs. 8,00,000/-Made By The Appellant To Political Party As Non Genuine & Thereby Confirming The Addition Made By The Assessing Officer Of Rs.8,00,000/-. 2. That The Various Reason Advance By Leaned Cit(A) In Considering Donation Of Rs.8,00,000/- As Non Genuine Are Contrary To The Facts Of The Case & The Evidence On 3. That Appellant Respectfully Submit That It Has Discharged Primary Onus Casted On It To Prove The Genuineness Of The Donation Made By It. Assessing Officer Has Relied On General Statement Of Representative Of Political Party Which Does Not Contain Specific Information About Genuineness Of The Donation Made By The Appellant. 4. The Appellant Therefore Submits That Claim Of Donation Made By It For Rs. 8,00,000/- To Political Party Be Allowed To It.”

For Appellant: Ms. Kaushani Shah, ARFor Respondent: 01.04.2026
Section 148Section 148ASection 80G

Chanjivaram Shanker Thyagesh, Hyderabad vs. ITO, Ward- 13(1), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations

ITA 81/HYD/2026[2016-17]Status: DisposedITAT Hyderabad17 Jun 2026AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.81/Hyd/2026 (िनधा"रण वष"/Assessment Year: 2016-17) Chanjivaram Shanker Vs. Income Tax Officer, Thyagesh, Ward-13(1), Hyderabad. Hyderabad. Pan: Abqpc7055C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri V. Srinivas, Ca राज" व "ारा/Revenue By: Shri B. Laxmi Kanth, Sr-Ar सुनवाई की तारीख/Date Of Hearing: 15/06/2026 घोषणा की तारीख/Date Of 17/06/2026 Pronouncement: आदेश / Order Per Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (For Short, “Cit(A)”), Dated 18/12/2025 Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 15/02/2024 For The Ay 2016-17. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri V. Srinivas, CAFor Respondent: Shri B. Laxmi Kanth, Sr-AR
Section 115BSection 144Section 144BSection 147Section 148Section 148ASection 149Section 69A