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)

Gulshan Lames Pack Pvt Ltd, South Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

ITA 710/DEL/2026[2019-20]Status: DisposedITAT Delhi23 Sept 2026AY 2019-20

Bench: Shri Anubhav Sharma & Shri Amitabh Shuklagulshan Lames Pack Pvt Ito Ltd C R Building S 319, Greater Kailash Part New Delhi-110002, Delhi Vs. Ii, South Delhi, Delhi-110048, Delhi अपीलाथ" Appellant ""थ" Respondent Permanent Account Number Of Assessee: Aabcg9199A अपीलाथ" "ारा/Appellant Represented By: Shri Raghav Sharma, Ca & Shri Dhananjay Bhardwaj,Ca ""थ" "ारा/Respondent Represented By: Shri Rajore Satish Chandra Ramsevak,Cit Dr सुनवाई की तारीख / Date Of Conclusion Of Hearing: 25.06.2026 घोषणा की तारीख / Date Of Pronouncement: 23.09.2026 आदेश / Order Per Amitabh Shukla, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, New Delhi, Dated 19.11.2025 Arising Out Of Assessment Order Dated 06.01.2025 Passed Under Section 147 R.W.S. 144 For The Assessment Year 2019-20. The Word ‘Act’ Herein This Order Would Mean Income Tax Act, 1961. 2. The Assessee Has Raised Following Grounds Of Appeal:- 1. That, On The Facts & Circumstances Of The Case The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Order Passed By The Ld. Ao U/S.147 Of The Act.

For Appellant: AABCG9199A
Section 147Section 148Section 148ASection 69C