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

Anjali Jain, Delhi vs. ITO Ward 53(1), Delhi

In the result, appeal of the assessee is partly allowed

ITA 3239/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Oct 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.3239/िद"ी/2025 (िन.व. 2017-18) Anjali Jain, ...... अपीलाथ"/Appellant R-25, Ndse-Ii, New Delhi 110049 Pan: Aaipj-2323-D बनाम Vs. Income Tax Officer, Ward-53(1) ..... "ितवादी/Respondent Civic Centre, New Delhi 110002 अपीलाथ" "ारा/Appellant By : S/Shri Sanchit Jain, Chartered Accountant & Archit Agarwal, "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 29/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/10/2025 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 11.04.2025, For Assessment Year 2017-18.] 2. Shri Sanchit Jain, Appearing On Behalf Of The Assessee Submitted That The Assessee Is Engaged In The Business Of Manufacturing & Trading Of Gold, Diamond & Precious Stone Jewelry. For The Impugned Assessment Year, The Assessee Filed Her Return Of Income On 31.10.2017 Declaring Total Income Of Rs.4,99,260/-. The Case Of The Assessee For Ay 2017-18 Was Reopened & Notice U/S. 148 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Dated

For Appellant: S/Shri Sanchit Jain, Chartered Accountant &For Respondent: Ms. Sudha Gupta, Sr. DR
Section 148Section 151Section 69A

Manisha Kumari, Patna vs. Ward-5(2), Patna

In the result, the appeal of the assessee is allowed for statistical purposes in the terms indicated above

ITA 286/PAT/2025[2016-17]Status: DisposedITAT Patna23 Oct 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.286/Pat/2025 Assessment Year: 2016-17 Manisha Kumari…..……………..………. …………………....Appellant 5, Indrapuri, Keshri Nagar, Indrapuri, Patna, Pin-800024. Bihar.. [Pan: Afmpk0739D] Vs. Ito, Ward-5(2), Patna ......…..……………..………………….…..... Respondent Appearances By: Shri Shikesh Jha, Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.11.2024 Of The Learned Cit(A), Nfac Relating To The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Who Filed A Return Of Income Declaring Total Income Of ₹2,29,470 For The Assessment Year 2016–17. Based On Information That Income To The Tune Of ₹7,50,000 Had Escaped Assessment, The Assessing Officer Recorded Reasons For Reopening The Case & Obtained The Necessary Approval From The Competent Authority. Consequently, Notice Under Section 148 Of The Act Was Issued To The Assessee. No Return Of Income Was Filed In Response To The Said Notice. Thereafter, Notices Under Section 142(1) Along With

Section 142(1)Section 148