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

Pushkar Tradelink Pvt. Ltd., Kolkata vs. D.C.I.T., Central Circle - 4(1), Kolkata

In the result, both the appeals filed by the assessee are allowed

ITSSA 140/KOL/2024[2014-2015]Status: DisposedITAT Kolkata28 Oct 2025AY 2014-2015

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyit(Ss).A Nos.139 & 140/Kol/2024 Assessment Years: 2013-14 & 2014-15 Pushkar Tradelink Pvt. Ltd …………..…………………………….…….……Appellant Room No.5/2, 5Th Floor, 19, Pullock Street, W.B. 700038. [Pan: Aaecp9517A] Vs. Dcit, Central Circle-4(1), Kolkata …………..………………...……...…..…..Respondent Appearances By: Shri Soumitra Choudhury, Advocate & Pranabesh Sarkar, Adv., Appeared On Behalf Of The Appellant. Shri Rana Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 03, 2025 Date Of Pronouncing The Order : October 28, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2013-14 & 2014-15 Against Separate Orders Both Dated 17.07.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee & Also Are Relating To The Same Search Action, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. Both The Appeals Have Been Filed By The Assessee With Delay Of 60 Days. The Assessee Has Filed Affidavits For Condonation Of The Delays. After Considering The Reasons Cited In The Affidavits For Condonation Of It(Ss).A Nos.139 & 140/Kol/2024

Section 127Section 132Section 139Section 143(2)Section 153ASection 153CSection 250Section 68

Pushkar Tradelink Pvt. Ltd., Kolkata vs. D.C.I.T., Central Circle - 4(1), Kolkata

In the result, both the appeals filed by the assessee are allowed

ITSSA 139/KOL/2024[2013-2014]Status: DisposedITAT Kolkata28 Oct 2025AY 2013-2014

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyit(Ss).A Nos.139 & 140/Kol/2024 Assessment Years: 2013-14 & 2014-15 Pushkar Tradelink Pvt. Ltd …………..…………………………….…….……Appellant Room No.5/2, 5Th Floor, 19, Pullock Street, W.B. 700038. [Pan: Aaecp9517A] Vs. Dcit, Central Circle-4(1), Kolkata …………..………………...……...…..…..Respondent Appearances By: Shri Soumitra Choudhury, Advocate & Pranabesh Sarkar, Adv., Appeared On Behalf Of The Appellant. Shri Rana Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 03, 2025 Date Of Pronouncing The Order : October 28, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2013-14 & 2014-15 Against Separate Orders Both Dated 17.07.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee & Also Are Relating To The Same Search Action, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. Both The Appeals Have Been Filed By The Assessee With Delay Of 60 Days. The Assessee Has Filed Affidavits For Condonation Of The Delays. After Considering The Reasons Cited In The Affidavits For Condonation Of It(Ss).A Nos.139 & 140/Kol/2024

Section 127Section 132Section 139Section 143(2)Section 153ASection 153CSection 250Section 68