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

Shri Mahaveer Jain Mandir Samiti, Delhi vs. Citd, NFAC, Delhi

In the result, appeal of the assessee is allowed for statistical purpose

ITA 7494/DEL/2025[2019-20]Status: DisposedITAT Delhi18 Dec 2025AY 2019-20

Bench: Shri Vikas Awasthyआअसं.7494/धिल्ली/2025 (नि.व. 2019-20) Shri Mahaveer Jain Mandir Samiti, (A Society Registered Under Societies Registration Act, 1860), Techers Colony, Saraswati Vihar, Pitampura, Delhi110034 ...... अपीलार्थी/Appellant Pan: Aahts-6678-M बिाम Vs. Assessing Officer, Assessment Unit/Verification Unit/ Technical Unit/Review Unit, Nafac, Income Tax Department ..... प्रनिवादी/Respondent Ward-43(6), Civic Centre, New Delhi 110002 अपीलार्थी द्वारा/Appellant By : Shri Ajit Gandhi, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Keshav Kishore Aanad, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 18/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 18/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 24.09.2025, For Assessment Year 2019-20. 2. The Assessee Is A Trust. Despite Substantial Deposits In The Bank On Which Assessee Has Earned Interest Income Of Rs.9,12,630/- No Return Of Income Was Filed By The Assessee. Notice U/S.148 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') Was Issued To The Assessee. In Response To The Notice The Assesee Filed Submissions Explaining That The Interest Income Is From The Deposits Made In The Bank. The Deposits In The Bank Are From Donations Received In Temple. The Assessing Officer (Ao) Made Addition Of Entire Interest Income

For Appellant: Shri Ajit Gandhi, Chartered AccountantFor Respondent: Shri Keshav Kishore Aanad, Sr. DR
Section 148Section 69

Arpit Minerals (P) Ltd, New Dewlhi vs. ITO Ward -3(2), New Delhi

In the result, appeal of the assessee is allowed for statistical purpose, in the terms aforesaid

ITA 7486/DEL/2025[2009-10]Status: DisposedITAT Delhi18 Dec 2025AY 2009-10

Bench: Shri Vikas Awasthyआअसं.7486/धिल्ली/2025 (नि.व. 2009-10) Arpit Minerals (P) Ltd., M-544, 3Rd Floor, Paschim Vihar, New Delhi 110087 ...... अपीलार्थी/Appellant Pan: Aadca-8341-C बिाम Vs. Income Tax Officer, Ward-3(2), ..... प्रनिवादी/Respondent New Delhi अपीलार्थी द्वारा/Appellant By : Shri Ankit Kumar, Advocate प्रधििािीद्वारा/Respondent By : Shri Keshav Kishor Anand, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 18/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 18/12/2025 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 05.10.2025, For Assessment Year 2009-10 2. The Ld. Counsel For The Assessee Submitted That The Legal Grounds Raised By The Assessee In Form No. 35, Challenging Validity Of The Notice Issued U/S.148 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Have Not Been Adjudicated By The Cit(A). The Cit(A) Restored The Matter To The Assessing Officer (Ao) For Fresh Examination On Merits. He Further Submitted That The Notice Issued Under Section 148 Of The Act (Placed At Page No. 24 Of The Paper Book) Bears An Incorrect Pan. It Was Contended That The Said Notice, As Well As The 2 Subsequent Notices Issued Under Section 142(1) Of The Act Were Never Served On The Assessee, Therefore, The Assessee Could Not Participate In The Assessment Proceedings. The Ao, In Ex Parte Proceedings, Made Addition Of Rs. 30,60,000/- Holding That The Assessee Had Obtained Accommodation Entries. The Assessee In Appeal Before The Cit(A) Has Challenged Validity Of The Assessment Proceedings On The Ground Of A Defective Notice Issued Under Section 148 Of The Act, As Well As On Merits.

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Keshav Kishor Anand, Sr. DR
Section 142(1)Section 148

Assistant Commissioner of Income Tax, Central Circle, Jamshedpur vs. Benko Traders Private Limited, Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 436/RAN/2024[2015]Status: DisposedITAT Ranchi17 Dec 2025

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.436/Ran/2024 Assessment Year: 2015-16 Acit, Cc, Jamshedpur…………….…….…............................……….……Appellant Vs. Benko Traders Pvt. Ltd....………...….…..….........……........……...…..…..Respondent 119, 4Th Floor, Block D, White House, Park Stree, Wb – 700016. [Pan: Aabcb1888R] Appearances By: Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 07, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-3, Patna For The Assessment Year 2015–16 Dated 25.09.2024 Passed U/S 250 Of The Income Tax Act (The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139 Of The Act Declaring A Total Income As Nil. The Return Was Processed Under Section 143(1). Subsequently, The Case Was Selected For Scrutiny & An Assessment Under Section 143(3) Was Completed On 28.11.2017 Determining The Total Income At ₹9,88,28,406. Based On Information Received From The Investigation Wing, Mumbai, Relating To Alleged Use Of Stock Exchange Platform (Bse/Nse) For Generating Fictitious Long-Term/Short-Term Capital Gains Through Certain Scripts & Alleged Accommodation Entries, The Assessing Officer Recorded Reasons Under Section 147 Of The Act. A Notice Under Section 148 Was Issued The Assessee Filed Its Return Declaring The Same Income

Section 139Section 143(1)Section 143(3)Section 147Section 148Section 250Section 68Section 69C