Section 148A(d) of the Income Tax Act

Income-tax Act, 2025: s.281

Section 148A(d) 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(d) is Sir Kikabhai Premchand v. CIT (24 ITR 506), cited in 156 of the 544 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
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.

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

The issuance of a notice under section 148A, including the order under section 148A(d), is a mandatory procedural step before reassessment proceedings can be initiated under section 147/148. Failure to comply with this requirement renders the subsequent reassessment proceedings invalid.

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

Notices under section 148 of the Income-tax Act, for international taxation charges, must be issued in a faceless manner, applying the provisions of section 144B and section 151A, in accordance with the notified scheme.

Tecumseh Products India (P.) Ltd. v. DCIT
174 Taxmann.com 1203 · 2025 · High Court
43
citing judgments

Where the National Faceless Assessment Centre (NFAC) and the Joint Assessing Officer (JAO) have concurrent jurisdiction, a notice issued by the JAO under Section 148 of the Income Tax Act is valid, provided no prejudice is caused to the assessee.

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)

DCIT, Sitapur vs. The District Cooperative Bank Lakhimpur Kheri Ltd, Lakhimpur

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

ITA 513/LKW/2025[2015-16]Status: DisposedITAT Lucknow31 Aug 2026AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Dcit, Sitapur V The District Cooperative Bank S. Lakhimpur Kheri Ltd., Eye Hospital Road, Sitapur, Sitapur Pan: Aacct0027B (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Puneet Kumar, Cit Dr Date Of Hearing: 13.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Dated 27.06.2025, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 144 For The Assessment Year 2015-16 Dated 29.03.2023. The Grounds Of Appeal Are As Under:- “1. Ld. Cit(A) Has Erred In Law & On Facts Of The Case By Deleting The Addition Without Verification & Adjudication Of The Facts 2. Ld. Cit(A) Has Erred In Law & On Facts Without Examining The Transaction Even After Having Co-Terminus Power With The Ao By Simply Saying That Matter Is Subject To Verification & Adjudication Which Makes The Order Perverse. 3. Ld. Cit(A) Has Erred In Law & On Facts Of The Case By Deleting The Addition Of Rs. 17,59,82,190/-Made By Ao.” 2. The Facts Of The Case Are, That As Per The Information Received By The Ld. Assessing Officer, Despite The Fact That The Assessee Had Not Filed A Return

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Puneet Kumar, CIT DR
Section 142(1)Section 144Section 147Section 148