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

Assistant Comissioner of Income Tax, Circle-28(1), Delhi vs. Ashish Gupta, Delhi

In the result, the appeal of the Revenue is dismissed and Cross Objection filed by the assessee is allowed

ITA 3716/DEL/2023[2012-13]Status: DisposedITAT Delhi29 Apr 2026AY 2012-13

Bench: Shri Sudhir Kumar & Shri Manish Agarwalasst. Cit, Ashish Gupta, Central Circle-18 Aerene Bimaldeep Complex, 1001, 10Th Floor, Vs. Mall Road, Kishan Garh, E-2 Block, Civic Centre, Behind Pocket D-3, Vasant Delhi-110002. Kunj, Delhi-110070 Pan-Ahepg5510G (Appellant) (Respondent) C.O. No.103/Del/2025 Arising Out Of Ita No.3716/Del/2023 (Assessment Year: 2012-13) Ashish Gupta, Asst. Cit, Aerene Bimaldeep Complex, Central Circle-18 Mall Road, Kishan Garh, Vs. 1001, 10Th Floor, Behind Pocket D-3, Vasant E-2 Block, Civic Centre, Kunj, Delhi-110070 Delhi-110002. Pan-Ahepg5510G (Cross Objector) (Respondent) Assessee By Shri Rajeshwar Prasad Painuly, Ca Department By Ms.Kanchan Garg, Sr. Dr Date Of Hearing 10/02/2026 Date Of Pronouncement 29/04/2026 O R D E R Per Manish Agarwal, Am: The Captioned Appeal Is Filed By The Revenue & Cross Objection Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)- 27, New Delhi [Cit(A) In Short], Dated 14.06.2023 In Appeal No. Cit(A), Delhi- C.O. No.103/Del/2025 Acit Vs. Ashish Gupta 10245/2019-20 Arising Out Of The Order Passed U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (The Act, In Short) Dated 24.12.2029 For Assessment Year 2012-13. 2. Assessee In The Cross Objections Has Challenged The Reopening U/S147 Of The Act On The Ground That No New/Fresh Material Was Brought On Record Though The Case Is Reopened After The Expiry Of Four Years From The End Of The Relevant Assessment Year, More Particularly When All The Materials Facts Truly & Necessarily Required For Completing The Assessment Were Disclosed By The Assessee In The Original Assessment Proceedings U/S 143(3) Of The Act & Available In The Assessment Records. Since, The Assessee Has Taken Legal Objections Challenging The Reopening Of Assessment, Therefore, The Same Is Taken First For Consideration.

Section 143(3)Section 147Section 148Section 2(22)(e)