Section 148A(d) of the Income Tax Act

The decision most relied on for Section 148A(d) is Sir Kikabhai Premchand v. CIT (24 ITR 506), cited in 152 of the 590 judgments on BharatTax that turn on this section.

Leading authorities on Section 148A(d)

Sir Kikabhai Premchand v. CIT
24 ITR 506 · 1953 · Supreme Court
152
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.

Pvt Ltd. v. ACIT
93 Taxmann.com 296 · 2018 · High Court
98
citing judgments

Approval granted by the Principal Chief Commissioner or Principal Commissioner under Section 151 for reassessment proceedings under Section 148 must reflect due application of mind. A mere endorsement of "approved" without reasons or reference to material is insufficient, as the approval serves as a safeguard and must be meaningful, not ritualistic or formal.

Vishakapatnam in Smt. Bommana Swarna Rekha v. A. CIT
147 Taxmann 59 · 2005 · Reported
70
citing judgments
Gurpal Singh v. ITO
159 ITD 797 · 2016 · ITAT
58
citing judgments

Mere cash deposits in a bank account, without the Assessing Officer's independent application of mind on reasons to believe, are not sufficient grounds to invoke jurisdiction under Section 147 for reassessment proceedings.

Pvt. Ltd. v. DCIT
466 ITR 474 · 2024 · High Court
53
citing judgments

Reassessment notices under Section 148A, issued in the context of faceless assessment proceedings, must be issued by the designated Faceless Assessing Officer and not by a Jurisdictional Assessing Officer.

Samp Furniture (P) Ltd. v. ITO
165 Taxmann.com 581 · 2024 · High Court
50
citing judgments

A faceless assessment, particularly one framed under the income escaping assessment provisions or an order issued under Section 148A(d), can be quashed where found to be invalid, allowing the assessee's appeal.

Sri Venkataramana Reddy v. DCIT
468 ITR 181 · 2024 · High Court
49
citing judgments

Notices issued under Section 148 concerning international taxation charges must be processed in a faceless manner, in accordance with Sections 144B and 151A of the Income-tax Act, 1961, and the scheme notified by the Central Government via CBDT Notification dated March 29, 2022.

Tecumseh Products India (P.) Ltd. v. DCIT
174 Taxmann.com 1203 · 2025 · High Court
43
citing judgments
Kairos Properties Private Limited v. Assistant Commissioner of Income Tax
468 ITR 168 · 2024 · High Court
41
citing judgments
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.

Judgments on Section 148A(d)

SUMAN VERMA,LUCKNOW vs. ITO-2(1),LUCKNOW-NEW , LUCKNOW

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

ITA 563/LKW/2024[2015-16]Status: DisposedITAT Lucknow06 Apr 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Suman Verma, Vs. Ito-2(1), 424, Samesi Anshik Mohanlalganj, Lucknow-New Lucknow, U.P. Pan: Anfpv3733M (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 17.03.2026 Date Of Pronouncement: 6.04.2026 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dismissing The Appeal Of The Assessee That She Had Filed Against The Orders Of The Assessing Officer Under Section 147 R.W.S. 144(4) For The Assessment Year 2015-16. The Grounds Of Appeal Are As Under:- “1. Because On The Facts & The Circumstances Of The Case, The Commissioner Of Income Tax (Appeals) Has Erred In The Fact & Law That The Entries Mentioned In The Order Under Section 148A(D) Of The Act, Of Rs. 95,41,537/- Two Times Are The Repeat Entries As The Bank Statement Was Available With A.O. During The Assessment Proceedings. 2. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Ignored The Fact That From The Proceedings Initiated Under Section 148A(D) Of The Income Tax Act, Till The Disposal Of The First Appeal, The Appellant Due To Unawareness Of Her Legal Obligations Could File Any Of Her Explanations/ Submissions At Any Stage Of The Scrutiny Or Appellate Proceedings & Did Not Get Proper Opportunity Of Being Heard. 3. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Also Totally Ignored The Fact That There Was No Cash Deposit During The Year In Question & Only Interest On Term Deposits Was Earned During The Year In Question, Which Is Also Reflecting In Form 26As.

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 115BSection 133(6)Section 142(1)Section 144Section 147Section 148Section 148ASection 69A

DEEPAK MAHADEO BHOIR ,MUMBAI vs. INCOME TAX OFFICER WARD, 42(1)(2), MUMBAI

In the result, the appeal is allowed as indicated above

ITA 3597/MUM/2024[2013-14]Status: DisposedITAT Mumbai06 Mar 2026AY 2013-14

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokardeepak Mahadeo Bhoir, Income Tax Officer, C/O Bharat Kumar, 317, Ward 42(1)(2), Prasad Chamber, Opera House, Vs. Mumbai - 400051 Mumbai – 400 004 (Appellant) : (Respondent) Pan No. Ajupb 7841H Appellant By : Shri Bharat Kumar, Ca Respondent By : Shri Annavaran Kosuri, Sr.- Dr (Appellant) (Respondent) Date Of Hearing : 12.02.2026 Date Of Pronouncement : 06.03.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Challenging The Order Dated 26.06.2024 Passed By National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year (A.Y.) 2013-14. 2. Before We Proceed To Decide The Substantive Issue Arising For Consideration, It Is Necessary To Provide A Brief Factual Background. This Appeal Was Earlier Disposed Of By The Coordinate Bench Vide Order Dated 12.12.2024. Subsequently, Assessee Filed A Miscellaneous Application Seeking Rectification/Recall Of The Appellate Order On The Ground That While Deciding The Appeal, The Bench Had Failed To Decide Ground No. 2.A & 2.B. While Deciding The Miscellaneous Application, The Bench Having Found Merit In The Submissions Of Assessee, Recalled The Order For The Limited Purpose Of Deciding Ground No. 2.A & 2.B Raised In The Memorandum Of Appeal. This Is How The Appeal Came Up For Hearing Before Us.

For Appellant: Shri Bharat Kumar, CAFor Respondent: Shri Annavaran Kosuri, Sr.- DR
Section 147Section 148Section 148ASection 149

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