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

Hanmandlu Pampati, Karimnagar vs. Income Tax Officer, Ward-2, Karimnagar

In the result, the appeal of the assessee is allowed

ITA 229/HYD/2025[2013-14]Status: DisposedITAT Hyderabad08 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.228/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2013-14) 1. Shri Srinivas Pampati, Karimnagar. Pan: Abopp0603R Vs. Income Tax Officer, Ward-2, Karimnagar. आ.अपी.सं / Ita No.229/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2013-14) 2. Shri Hanmandlu Pampati, Karimnagar. Pan: Abmpp0324R Vs. Income Tax Officer, Ward-2, Karimnagar. (Appellant) (Respondent) निर्धारिती द्वारा /Assessee By: Shri Lalith Kishore Sharma, Advocate. राजस्व द्वारा / Revenue By: | Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: घोषणा की तारीख /Pronouncement: 17/09/2025 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Two Appeals Are Filed By Shri Srinivas Pampati & Shri Hanmandlu Pampati ("The Assessees”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)"), Dated 04.12.2024 & 05.12.2024 Respectively For The A.Y. 2013-14. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri Lalith Kishore SharmaFor Respondent: Dr. Sachin Kumar, SR-DR
Section 144BSection 147Section 148Section 148ASection 154Section 48Section 54F

Sumati G Gupta Securities Private Limited, Mumbai vs. Income Tax Officer - 13(2)(1), Mumbai

In the result, appeal filed by the Assessee stands allowed for statistical purposes in the above terms

ITA 4690/MUM/2025[2012-2013]Status: DisposedITAT Mumbai08 Oct 2025AY 2012-2013

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 Sumati G Gupta Securities Income Tax Officer- Private Limited 13(2)(1) C/O – 2Nd Floor, Geeta Building, Vs. Aayakar Bhavan, Sion Circle, Sion East, Mumbai - 400021 Mumbai- 400022 Pan: Aaacb3475H (Appellant) (Respondent) Present For: Assessee By : Shri Margav Shukla & Shri Shubham Shah, Ld. Advocate Revenue By : Shri Sushil Bhagwat Shendge,Ld. Sr.D.R. Date Of Hearing : 08.10.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.01.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012- 13. 2. At The Outset It Is Observed That There Is Delay 114 Days In Filing Of Instant Appeal. The Assessee By Filling Application For Condonation Of Delay, Along With Duly Sworn Affidavit, Has Demonstrated The Reason For The Delay To Effect That The Assessee Company Was Dissolved & Struck Off From The Register Of The Companies With Effect From 31.08.2016. However Subsequently The 2 Sumati G Gupta Securities Private Limited Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing A Notice Dated 28.03.2019 U/S 148 Of The Act, Which Resulted Into Passing The Assessment Order Dated 18.12.2019 U/S 144 R.W.S. 147 Of The Act & Making The Addition Of Rs.3,87,673 U/S 68 Of The Act Being Undisclosed Income.

For Appellant: Shri Margav Shukla &For Respondent: Shri Sushil Bhagwat Shendge,Ld. Sr.D.R
Section 144Section 147Section 148Section 250Section 271Section 68

Pellucid Securities Private Limited, Mumbai vs. ITO Ward 7(3)(1), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 4372/MUM/2025[2014-15]Status: DisposedITAT Mumbai08 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Pellucid Securities Commissioner Of Income Private Limited, Tax Appeal, (Nfac) 301, Turf View, National Faceless Appeal 63, Dadarkar Compound, Centre – Ito Ward 7(3)(1), Vs. Tardeo, Ab-126J, Mumbai Aayakar Bhawan, Maharashtra - 400034 Churchgate, Pan: Aafcp1405L Mumbai Maharashtra – 400 020 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Sanjeev Bhagat, Ld. D.R. Date Of Hearing : 18.09.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 08.10.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Outset, It Is Observed That There Is A Delay Of 183 Days In Filing This Appeal, As Pointed Out By The Registry, On Which The Assessee Has Claimed That Due To Non-Receipt Of The Impugned Order On Its Email Registered As Well As In Physical Form, The Delay Has Been Occurred, Which Was Neither Intentional Nor Malafide But Because Of The Aforesaid Reason.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Sanjeev Bhagat, Ld. D.R
Section 142(1)Section 147Section 148Section 250Section 68Section 69Section 69C