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

Raghav Vanijya Pvt. Ltd., Kolkata vs. DCIT, Circle 9(1), Kolkata

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

ITA 677/KOL/2025[2012-13]Status: DisposedITAT Kolkata04 Sept 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.677/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2012-2013) Raghav Vanijya Pvt. Ltd. Vs Dcit, Circle-9(1), Kolkata 4Th Floor, Room No.4D, 23/1, M.D.Road, Burrabazar, Kolkata-700007 Pan No. :Aadcr 6456 K (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Anil Kochar, Advocate रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 04/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 09.08.2023, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-2013. 2. The Appeal Of The Assessee Has Been Filed Belatedly By 518 Days. In This Regard, The Assessee Has Filed An Application Along With Affidavit For Condonation Of Delay Stating Therein That The Ld.Cit(A) Vide Order Dated 09.08.2023 Has Passed An Order Ex-Parte, Since The Defects Mentioned In The Notice In Respect Of Appeal Memo Submitted In Form 35 Was Not Removed/Rectified, Thereby Dismissed The Appeal Of The Assessee. Accordingly, There Had Been An Inordinate Delay In Submission Of The Appeal Before This Tribunal, Which Occurred Due To The Fact That The E-Portal Of The Income Tax Site Was Never Accessed By The Assessee. It Is Only Upon Going Through The Portal For Compilation Of The Status Of The Return Of Income

For Respondent: Shri S.B.Chakraborthy, Sr. DR

Praveen Kumar Patwa HUF, Howrah vs. ITO, Ward-47(2), Kolkata

In the result, the appeal filed by the assessee is allowed on this issue

ITA 1333/KOL/2025[2015-16]Status: DisposedITAT Kolkata04 Sept 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1333/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016) Praveen Kumar Patwa Huf Vs Ito Ward-47 (2), Kolkata 12, Haradutta Ray Chamaria Rd Howrah, West Bengal-711101 Pan No. :Aajhp 7673 K (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Anil Kochar, Advocate रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 04/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 23.05.2025, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2015-2016. 2. The Sole Issue Involved In The Present Appeal Of The Assessee Is With Regard To Issuance Of Invalid Notice U/S.148 Of The Act Without Adhering To The New Inserted Provisions Of Section 148 R.W.S.148A Of The Act. 3. Ld. Ar Before Us Submitted That In This Case The Ao Has Framed The Assessment U/S.147 R.W.S.144 Of The Act Assessing The Total Income Of The Assessee At Rs.59,77,593/- Thereby Making Addition U/S.68 Of The Act At Rs.36,09,222/- & Addition Made U/S.69C Of The Act At Rs.1,80,461/-. In Appeal, The Ld.Cit(A) Dismissed The Appeal Of The Assessee. It Has Also Been Submitted By The Ld.Ar That Both The Authorities Below Have Erred In Not Considering The Fact That The Notice Issued U/S.148 Of The Act Is Invalid & Bad In Law As The Notice In This Case Has Been Issued On 01.04.2021

For Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 147Section 148Section 148ASection 68Section 69C

Marappa Gounder Krishnasamy, Namakkal vs. Income Tax Officer, Ward 1, Namakkal

In the result, the appeal filed by the assessee is partly allowed

ITA 1775/CHNY/2025[2011-12]Status: DisposedITAT Chennai04 Sept 2025AY 2011-12

Bench: Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.1775/Chny/2025 िनधा"रण वष"/Assessment Year: 2011-12 Marappa Gounder Krishnasamy, Vs. The Income Tax Officer, 64, Tiruchengode Road, Ward 1, Namakkal 637 001. Namakkal. [Pan:Aeypk1121L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Marimuthu, Itp ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.09.2025 घोषणा की तारीख /Date Of Pronouncement : 04.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.09.2024 Passed By The Addl/Jcit(A)-12, Mumbai For The Assessment Year 2011-12. 2. This Appeal Is Filed With A Delay Of 201 Days. The Assessee Filed Petition For Condonation Of Delay Stating The Reasons In Support Of An Affidavit. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, I Find The Reasons Stated By The Assessee Are Bonafide, Which Really Prevented In Filing The Appeal In Time. Thus, The Delay Is Condoned & Admitted The Appeal For Adjudication.

For Appellant: Shri K. Marimuthu, ITPFor Respondent: Ms. V. Aswathy, JCIT
Section 148Section 44A