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

Income Tax Officer, Ward-1(1)(3), Meerut vs. Digambar Textiles Private Limited, Meerut

In the result, impugned order is upheld and appeal of the Revenue is dismissed being devoid of any merit

ITA 186/DEL/2026[2019-20]Status: DisposedITAT Delhi16 Feb 2026AY 2019-20

Bench: Shri Vikas Awasthyआअसं.186/धिल्ली/2026 (नि.व. 2019-20) Income Tax Officer, Ward-1(1)(3), ...... अपीलार्थी/Appellant Meerut, Uttar Pradesh 250001 बिाम Vs. Digambar Textiles P. Ltd., Mohalla Khakroban, Sardhana, Meerut, Uttar Pradesh 250342 ..... प्रनिवादी/Respondent Pan: Aagcd-5729-G अपीलार्थी द्वारा/Appellant By : Shri Manoj Kumar, Sr. Dr प्रधििािीद्वारा/Respondent By : Shri Rohit Agarwal, Chartered Accountant सुिवाई की निथर्थ/ Date Of Hearing : 16/02/2026 घोषणा की निथर्थ/ Date Of Pronouncement : 16/02/2026 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 26.11.2025, For Assessment Year 2019-20. 2. Shri Manoj Kumar, Representing The Department Submits That The Cit(A) Has Deleted Addition Of Rs.25,03,200/- Made By The Assessing Officer (Ao) On Account Of Accommodation Entries Taken By The Assessee From M/S Trinity Overseas. The Ld. Dr Submitted That Assessment For Ay 2019-20 In Case Of The Assessee Was Reopened & Notice U/S.148 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') Was Issued To The Assessee On The Basis Of Information Received That Shri Gurdeep Singh Kartar Singh Proprietor M/S. Trinty Overseas (India) Is Providing Bogus

For Appellant: Shri Manoj Kumar, Sr. DRFor Respondent: Shri Rohit Agarwal, Chartered Accountant
Section 147Section 148

Kantilal Ranchhodbhai Nakum, Jamnagar vs. ITO Ward - 1(3), Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 551/RJT/2025[2015-16]Status: DisposedITAT Rajkot13 Feb 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No.551/Rjt/2025 Assessment Year: 2015-16 Kantilal Ranchhodbhai Nakum Income Tax Officer, Ward-1(3), Plot No.762, Gidc, Phase-2, बनाम/ Jamnagar, Aaykar Bhawan, Nr. Dared, Jamnagar-361 004 Vs. Chamber Of Commerce Hall, Jamnagar- Rajkot Highway, Jamnagar-361 001 "ायीलेखासं/.जीआइआरसं./ Pan/Gir No.: Aflpn 8072 P (अपीलाथ"/Appellant) (""थ"/Respondent) : िनधा"रती की ओर से/Assessee By : Shri Ravindra Manek, Ar राज" की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 17/12/2025 घोषणा की तारीख/Date Of Pronouncement : 13/02/2026 आदेश / O R D E R Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2015-16, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals) [In Short, “Cit(A)”] Dated 29.07.2025, Which In Turn Arises Out Of An Assessment Order Passed By Assessing Officer U/S 147 R.W.S. 144B Of The Act, On 12.05.2023. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1.The Hon’Ble Cit(A) Erred In Law & On Facts In Confirming Reopening Of Assessment U/S 148 Of The Act.

For Appellant: Shri Ravindra Manek, ARFor Respondent: Shri Sanjay Punglia, CIT-DR
Section 144BSection 147Section 148Section 148ASection 234ASection 250Section 271(1)(c)

Surya Pratap Singh Chauhan, Lucknow vs. The Income Tax Officer, Ward-2(1), Lucknow

In the result, the appeal of the assessee is partly allowed

ITA 642/LKW/2025[2018-19]Status: DisposedITAT Lucknow13 Feb 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 Surya Pratap Singh Chauhan, Vs. The Income Tax Officer, Ward- 68/422, Gandhi Nagar, Lucknow- 2(1), Lucknow-New 226001 Pan: Awgpc6261P (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Smt. Sonal Singh, Jcit Dr Date Of Hearing: 01.12.2025 Date Of Pronouncement: 13.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac, Dated 7.07.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee That Were Filed Against The Assessment Order Passed By The Assessment Unit For The A.Y. 2018-19 Under Section 147 R.W.S. 144 On 3.03.2023. The Grounds Of Appeal Are As Under:- “01. Because The Notice Issued Under Section 148 Has Been Issued By The Jao, Which Is Contrary To The Provisions Of Section 151A Of The Act, The Entire Assessment Framed Is Bad In Law Be Quashed. 02. Because The Notice Under Section 148 Having Been Issued On 23.03.2022, Beyond The Period Of Three Years & The Total Investment In Bit Coin Trading Is Of Rs.9,63,000/-, There Being No Profit On The Same On The Contrary Being Loss, The Entire Reopening Of The Assessment Is Without Proper Verification Of Facts, Based On Wrong Facts The Addition Of Rs.88,55,128/- Made By The Ao & Upheld By The Cit(A) Be Deleted. 03. Because The Cit(A), Nfac, Has Failed To Appreciate The Facts & Circumstances Of The Case & Has Arbitrarily Upheld The Addition Of Rs.88,55,128/- Under Section 69 Of The Income-Tax Act, 1961 Being Unexplained Investment In Purchase & Sale Of Bitcoins, Which Addition Is Contrary To Facts, Bad In Law, The Addition Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Smt. Sonal Singh, JCIT DR
Section 139Section 143(2)Section 147Section 148Section 148ASection 151ASection 69