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

Karn Rajesh Rateria, Mumbai vs. The Income Tax Officer, Ward 23(2)(6), Mumbai

In the result, ground No. 1 to 3 of

ITA 9444/MUM/2025[2011-12]Status: DisposedITAT Mumbai04 Jun 2026AY 2011-12

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar(Physical Hearing) Karn Rajesh Rataria, The Income Tax Officer, 401/402 B Wing Ramji House, Vs Ward 23(2)(6), Dr. Ss Rao Marg, Jambulwadi, Mumbai, Parel, Mumbai, Maharashtra – 400002 Maharashtra- 400012 [Pan: Asrpr4194D] Appellant / Assessee Respondent /Revenue Assessee By Shri Aditya Nemani, C.A (Virtually) Revenue By Shri Vivek Singh, Sr. Dr Date Of Hearing 24.03.2026 Date Of Pronouncement 04.06.2026 O R D E R Per Pawan Singh: 1. This Appeal By Assesseeis Directed Against The Order Of Ld. Cit(A) / Nfac Dated 12.11.2025 For A.Y. 2011-12. The Assessee Has Raised Following Grounds Of Appeal; I. On The Facts & The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law By Upholding The Addition Of Rs. 24,796/- U/S. 69C Of The Income Tax Act, 1961. Ii. On The Facts & The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law By Confirming The Addition Despite The Fact That No Copy Of The Statement Recorded Which Was Relied Upon Or Opportunity For Cross Examination Of The Said Party Was Provided Despite A Specific Request Made For The Same. Iii. The Appellant Prays To Allow It To Add, Alter, Amend, Modify And/Or Dleete Any Or All Of The Above Grounds Of Appeal At Or Before The Time Of Hearing. Iv. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law By Upholding The Reopening Of The Assessment U/S 148 Of The Income Tax Act, 1961. V. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law By Upholding The Addition Of Rs.8,26,562/- U/S. 68 Of The Income Tax Act, 1961. Karn Rajesh Rateria

Section 143(1)Section 147Section 148Section 68Section 69C

Smt Revati Narayan Jangam, Mumbai vs. ITO-42(1)(4), Mumbai

In the result, the Grounds of appeal are allowed for statistical purposes

ITA 8110/MUM/2025[2019-20]Status: DisposedITAT Mumbai04 Jun 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar(Physical Hearing) Smt Revati Narayan Jangam Ito- 42(1)(4), C/506 Shree Complex, Plot No. Vs Kautilya Bhavan, Mumbai 106/112, Sector-14 Kamothe, Maharashtra- 400051 Navi Mumbai, Maharashtra- 410210 [Pan: Apipj4676E] Appellant / Assessee Respondent /Revenue Assessee By Ms. Harsha Thelasaria, C.A. Revenue By Shri Bhagirath Ramawat, Sr. Dr (Virtually) Date Of Hearing 24.03.2026 Date Of Pronouncement 04.06.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assesseeis Directed Against The Order Of Ld. Cit(A) / Nfac Dated 26.09.2025 For Assessment Year (A.Y.) 2019-20. The Assessee Has Raised Following Grounds Of Appeal; I. The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Cit(A)] Erred In Not Admitting The Appeal For The Reason That Appeal Has Been Filed Belatedly. Ii. The Appellant Prays That The Cit(A) Ought To Have Admitted The Appeal & Decided The Grounds On Merits By Considering The Facts Of The Case. Therefore, The Order Passed By The Cit(A) Deserves To Be Set Aside. Iii. The Ld. Cit(A) Erred In Not Adjudicating The Action Of Ao In Issuing The Notice U/S 148 Of The Income Tax Act, 1961 (Act) & Passing The Order U/S 147 R.W.S 144B Of The Act. Iv. The Appellant Submits That The Notice Issued U/S 148 Of The Act & Order Passed U/S 147 R.W.S. 144B Of The Act Is Against The Provision Of The Law, Ultra Vires & Without Jurisdiction; Hence, The Same Shall Be Quashed. Smt. Revati Narayan Jangam

Section 147Section 148Section 254(1)Section 69