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

Uma Kant Garg, Delhi vs. ACIT, Delhi

In the result, appeal of the assessee is allowed

ITA 7289/DEL/2025[2020-21]Status: DisposedITAT Delhi11 Mar 2026AY 2020-21

Bench: Shri Vikas Awasthyआअसं.7289/धिल्ली/2025 (नि.व. 2020-21) Uma Kant Garg, 36, Shera Mohalla, Garhi, Delhi 110065 ...... अपीलार्थी/Appellant Pan: Afxpg-6149-Q बिाम Vs. Income Tax Officer, Ward-62(1), ..... प्रनिवादी/Respondent Delhi 110002 अपीलार्थी द्वारा/Appellant By : Shri D C Garg, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr (Through Vc) सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 11/03/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 24.09.2025, For Assessment Year 2020-21. 2. Shri D. C. Garg, Appearing On Behalf Of The Assessee Submits That The Assessee In Appeal Has Raised Legal Ground Assailing Validity Of Reopening Of Assessment. The Assessee In Grounds Of Appeal Has Also Challenged Addition On Merits. The Ld. Counsel Pointed That Reopening Of Assessment Is Bad In Law As The Notice Issued U/S 148 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) & The Approval Granted U/S 151 Of The Act By The Principal Commissioner Of Income-Tax (Pcit) Are Unsigned. To Substantiate His Contention, He Referred To Copy Of The 2 Notice Placed At Page 2 Of The Paper Book & The Approval Granted U/S 151 Of The Act Placed At Pages 3 & 4 Of The Paper Book. The Ld. Counsel Further Pointed That After The Issuance Of The Notice U/S 148 Of The Act, The Assessee Filed Return Of Income On 29.06.2024 Declaring Income Of Rs.10,23,800/-. Thereafter, The Assessing Officer (Ao) Issued Notice U/S 143(2) R.W.S. 147 Of The Act On 07.10.2024. The Said Notice Is At Pages 26 To 29 Of The Paper Book. In The Said Notice It Is Mentioned That:-

For Appellant: Shri D C Garg, Chartered AccountantFor Respondent: Shri Manoj Kumar, Sr. DR (Through VC)
Section 143(2)Section 148Section 151