Section 148A(b) of the Income Tax Act

Income-tax Act, 2025: s.281

Section 148A(b) falls under section 148A of the Income-tax Act, 1961, which corresponds to section 281 (Procedure before issuance of notice under section 280) of the Income-tax Act, 2025.

Read section 281 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 148A(b) is Sir Kikabhai Premchand v. CIT (24 ITR 506), cited in 156 of the 524 judgments on BharatTax that turn on this section.

Leading authorities on Section 148A(b)

Sir Kikabhai Premchand v. CIT
24 ITR 506 · 1953 · Supreme Court
156
citing judgments

One cannot make a taxable profit or loss from transactions with oneself, as profit only arises from dealings with external third parties, even when transferring assets between different accounts or divisions of the same entity.

CIT v. K.G. Rukminiamma
331 ITR 211 · 2011 · High Court
104
citing judgments

For capital gains exemption under Sections 54 and 54F of the Income Tax Act (prior to the 2015 amendment), the expression "a residential house" includes multiple residential units and should not be construed in the singular, by applying Section 13 of the General Clauses Act.

Mis Yahoo India Pvt Ltd. v. DCIT (ITAT Mumbai), Standard Chartered Bank
307 ITR 59 · 2008 · High Court
90
citing judgments
Vishakapatnam in Smt. Bommana Swarna Rekha v. A. CIT
147 Taxmann 59 · 2005 · Reported
70
citing judgments
Deepak Steel and Power Ltd. v. Central Board of Direct Taxes
174 Taxmann.com 144 · 2025 · Supreme Court
70
citing judgments

Reassessment notices issued after April 1, 2021, for Assessment Year 2015-16 are time-barred. The relaxation provided by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, does not extend the period of limitation for such notices.

State of A P v. A P Pensioners Association
13 SCC 161 · 2005 · Reported
37
citing judgments

Legal fictions are to be construed to enable the person for whose benefit they are created to obtain all flowing consequences. This principle applies when determining procedures for reassessment under Section 148, including decisions under Section 149A(d) and issuing notices within the surviving time limit.

Gurdas Garg v. CIT
63 Taxmann.com 289 · 2015 · High Court
37
citing judgments

Disallowance under Section 40A(3) can be dispensed with if the assessee proves business expediency for cash payment and verifies the genuineness of the transaction, even if it doesn't fall under Rule 6DD.

ATS Infrastructure Ltd. v. ACIT
166 Taxmann.com 61 · 2024 · High Court
30
citing judgments

Once an addition made based on original reasons recorded for reopening is deleted, other additions not part of those original reasons cannot be sustained.

CIT v. Micron Steels (P.) Ltd.
372 ITR 386 · 2015 · High Court
27
citing judgments

A statutory notice issued in the name of a non-existent entity renders the entire assessment a nullity in the eyes of law.

Giridhar Gopal Dalmia Vs.Union of India v. Ors7
156 Taxmann.com 478 · 2024 · Reported
25
citing judgments

High Courts have allowed writ petitions in favour of assessees concerning issues of jurisdiction.

Judgments on Section 148A(b)

Aman Ghai Legal Heir of Late Sh Anil Kumar Ghai, Delhi vs. Income Tax Officer, Ward 51(1), Delhi

In the result, impugned order is quashed and appeal of the assessee is allowed

ITA 7227/DEL/2025[2016-17]Status: DisposedITAT Delhi31 Dec 2025AY 2016-17

Bench: Shri Vikas Awasthyआअसं.7227/धिल्ली/2025 (नि.व. 2016-17) Aman Ghai Legal Heir Of Late Shri Anil Kumar Ghai, 5006/5, Sant Nagar, Karol Bagh, Delhi 110005 ...... अपीलार्थी/Appellant Pan: Aaopg-1743-L बिाम Vs. Income Tax Officer, Ward-51(1), ..... प्रनिवादी/Respondent Civic Centre, Delhi 110002 अपीलार्थी द्वारा/Appellant By : Shri Suresh Gupta, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 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 18.09.2025, For The Assessment Year 2016-17. 2. Shri Suresh Gupta, Appearing On Behalf Of The Assessee Submitted That The Assessment Order Dated 10.05.2023 Passed U/S.147 R.W.S.144B Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’) Is Bad In Law As The Same Has Been Passed In The Name Of A Dead Person.

For Appellant: Shri Suresh Gupta, Chartered AccountantFor Respondent: Shri Manoj Kumar, Sr. DR
Section 147Section 148Section 148A

Jasaram Kesramji Rathod, Navi Mumbai vs. ITO Ward 28(1)(1), Navi Mumbai

In the result, the Assessee‟s appeal is allowed

ITA 5687/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Dec 2025AY 2013-14

Bench: Shri Narender Kumar Choudhryassessment Year: 2013-14 Jasaram K. Rathod, Income Tax Officer, Shop No.1, Plot No.391, Ward-28(1)(1), Saidham Building, Vs. It Office, Sector 19, Opp: Jimmy Tower, Vashi Railway Station Building, Kopar Khairne, Navi Mumbai-400703. Navi Mumbai-400709. Pan : Aacpc3348K (Appellant) (Respondent) For Assessee : Shri Pritam Kulapkar, Ld. Ar For Revenue : Shri A.M.K. Mahadevan, Ld. Sr.Dr Date Of Hearing : 20-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 23-07-2025 Impugned Herein Passed By National Faceless Appeal Centre (Nfac), Delhi (In Short „Nfac‟)/Ld. Commissioner Of Income Tax (In Short „Ld. Commissioner‟) U/S. 250 Of The Income Tax Act 1961 (In Short „The Act‟) For The Ay. 2013-14. 2. In The Instant Case, The Assessee Had Declared His Total Income Of Rs. 16,97,210/-By Filing His Return Of Income For The Year Under Consideration On Dt. 01-11-2013, Which Was Subsequently Reopened For Re-Assessment U/S. 147 Of The Act By Issuing Notice Dt. 30-03-2021 U/S. 148 Of The Act, Mainly On The Reason That The Assessee Though Made Cash Payment Of Rs. 22,50,000/-For Purchase Of Land With Shri Mahesh M. Munde & 11 Others, But Has Not Offered The Same For Taxation For The Ay. 2013-14. 2 3. The Assessee In Response Filed His Return Of Income On 05-01-2022, Declaring Total Income At Rs. 16,97,210/-As Declared Originally. The Said Return Filed By The Assessee Was Declared/Considered As Belated And/Or Filed After The Stipulated Time Given In The Notice Dt. 30-03-2021 U/S. 148 Of The Act I.E., Within Thirty Days And, Therefore, The Same Was Treated As „Nonest’ & Accordingly The Case Of The Assessee Was Finalized U/S. 144 Of The Act Making The Addition Of The Aforesaid Amount Of Rs. 22,50,000/- By Passing The Assessment Order Dt. 29-03-2022 U/S. 147 R.W.S. 144B Of The Act.

For Appellant: Shri Pritam Kulapkar, Ld. ARFor Respondent: Shri A.M.K. Mahadevan, Ld. Sr.DR
Section 144Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 250

C-2016 Itchiputhur Paccs, Vellore vs. ITO, Ward-1, Vellore

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

ITA 2191/CHNY/2025[2019-20]Status: DisposedITAT Chennai17 Dec 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. No.2191/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 C-2016 Itchiputhur Primary Agricultural Vs. The Income Tax Officer, Coop. Credit Society, 12Th Road, Ward 1, Itchiputhur Village, Arakkonam Tk, Vellore. Vellore 631 003. [Pan: Aabac1870C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms. Babitha, Jcit सुनवाई की तारीख/ Date Of Hearing : 11.12.2025 घोषणा की तारीख /Date Of Pronouncement : 17.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.05.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2019-20. 2. We Find That This Appeal Is Filed With A Delay Of 5 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In 2

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms. Babitha, JCIT
Section 139(1)Section 142(1)Section 147Section 148Section 148ASection 80P(2)(a)