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

DCIT 19 1 Mumbai, Mumbai vs. Mafatlal Mangilal Kothari, Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 7094/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 May 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

DCIT 19 1 Mumbai, Mumbai vs. Mafatlal Mangilal Kothari, Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 7093/MUM/2025[2016-17]Status: DisposedITAT Mumbai05 May 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The Asstt. CIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5897/MUM/2025[2020-21]Status: DisposedITAT Mumbai05 May 2026AY 2020-21

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19 (1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5896/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 May 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5895/MUM/2025[2016-17]Status: DisposedITAT Mumbai05 May 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5894/MUM/2025[2017-18]Status: DisposedITAT Mumbai05 May 2026AY 2017-18

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250