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)

M/S. Hardev Construction Pvt. Ltd., Kolkata vs. DCIT, Circle 11(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 408/KOL/2025[2016-17]Status: DisposedITAT Kolkata26 Aug 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.408/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) M/S Hardev Construction Pvt. Ltd. Vs Dcit, Circle Ii(I), Kolkata 8/2A, Garcha 2Nd Lane, Ballygunge, S.O. Kolkata, West Bengal-700019 Pan No. Aabch1827J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Sunil Surana, Ar रधजस्व की ओर से /Revenue By : Shri Dipu Koley, Adl.Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 24/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26.08.2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 11.07.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre, Delhi, For The Assessment Year 2016-2017. 2. The Appeal Of The Assessee Is Barred By 148 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Bonafide. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Accordingly, Delay Of 148 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 3. The Only Issue Pressed At The Time Of Hearing By The Ld. Counsel Of The Assessee Is Against The Invalid Approval Accorded For Issuing Notice

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Dipu Koley, Adl.CIT-Sr.DR
Section 147Section 148Section 148ASection 151Section 68

Mantosh Kumar, Bokaro Steel City vs. Asst Commissioner of Income Tax Circle 2(1), I T, Kolkata

In the result, appeal of the assessee stands allowed

ITA 80/RAN/2024[2018-19]Status: DisposedITAT Ranchi18 Aug 2025AY 2018-19

Bench: S/ S/Hri George Mathan & Ratnesh Nandan Sahayratnesh Nandan Sahayratnesh Nandan Sahayassessment Year : 2018-19 Mantosh Kumar, C/O Sri Mantosh Kumar, C/O Sri Vs. Asst. Asst. Commissioner Commissioner Of Of Surendra Singh, Flat No.Va Surendra Singh, Flat No.Va- Income Income Tax, Tax, Circle Circle-2(1), 12, 12, Block Block A.Vaikshnavi A.Vaikshnavi Kolakata Apartment, Apartment, Chira Chira Chas, Chas, Bokaro, Jharkhand Bokaro, Jharkhand Pan/Gir No. .Bwtpm 1034 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Devesh Poddar, Adv & Dr Bhanu Giri Assessee By Devesh Poddar, Adv & Dr Bhanu Giri Revenue By Revenue By : Shri Khub Chand Pandya, Ld Sr Dr , Ld Sr Dr Date Of Hearing : 18/08/202 2025 Date Of Pronouncement : 18/08/2 2025 O R D E R Per Bench This Is An Appeal Filed By The Assessee This Is An Appeal Filed By The Assessee Against The Assessment Assessment Order Passed U/S.147 Of The Act R.W.S. 144C Of The Act Dated 31.1.2024. Of The Act R.W.S. 144C Of The Act Dated 31.1.2024. Of The Act R.W.S. 144C Of The Act Dated 31.1.2024. 2. Shri Devesh Poddar, Adv & Dr Bhanu Giri Devesh Poddar, Adv & Dr Bhanu Giri, Ld Ars Appeared For The Appeared For The Assessee. Shri Assessee. Shri Khub Chand Pandya, Ld Sr Dr Represented On Behalf Of The Represented On Behalf Of The Revenue.

For Appellant: Shri Devesh Poddar, Adv and Dr Bhanu GiriFor Respondent: Shri Khub Chand Pandya, ld Sr DR
Section 147Section 148Section 148A