Section 148A of the Income Tax Act

Income-tax Act, 2025: s.281

Section 148A of the Income-tax Act, 1961 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 is Union of India v. Rajeev Bansal (469 ITR 46), cited in 713 of the 3,543 judgments on BharatTax that turn on this section.

Leading authorities on Section 148A

Union of India v. Rajeev Bansal
469 ITR 46 · 2024 · Supreme Court
713
citing judgments

The legal fiction created by the Ashish Agarwal judgment stops the limitation clock for Section 148 notices from the date of the deemed notice. Orders issued without proper jurisdiction, or those inconsistent with statutory prescriptions, are a nullity, and there can be no waiver of such fundamental jurisdictional requirements.

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Kunhayammed v. State of Kerala
245 ITR 360 · 2000 · Supreme Court
361
citing judgments

An order refusing special leave to appeal to the Supreme Court, whether speaking or non-speaking, does not attract the doctrine of merger, meaning the order under challenge is not substituted.

Hexaware Technologies Ltd. v. ACIT
464 ITR 430 · 2024 · High Court
288
citing judgments
Kankanala Ravindra Reddy v. ITO
156 Taxmann.com 178 · 2023 · High Court
213
citing judgments

A notice issued under section 148 of the Income Tax Act is invalid if the Income Tax Department fails to follow the prescribed procedures, including obtaining the necessary approvals under section 151 or adhering to the faceless assessment scheme mandates under section 151A.

Varghese v. ITO, Ernakulum
4 SCC 173 · 1981 · Reported
164
citing judgments

Circulars issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act are legally binding on the revenue authorities in their administration and implementation. This binding character applies even if the circulars depart from the correct interpretation of the law and cannot be ignored to the prejudice of the assessee.

Gramaphone Co. of India Ltd. v. Birendra Bahadur Pandey
132 Taxmann 373 · 2003 · Supreme Court
146
citing judgments
(P.) Ltd. v. ITO
221 ITR 538 · 1996 · Supreme Court
125
citing judgments

The sanction of a specified authority under Section 151 is a mandatory procedural check before issuing a notice under Section 148. This procedural safeguard aims to prevent mechanical reopening of assessments and harassment of the assessee.

Shanmugavel Nadar v. State of Tamil Nadu
263 ITR 658 · 2003 · Supreme Court
122
citing judgments

The doctrine of merger applies when appellate jurisdiction is invoked, causing the operative part of a lower court's order or decree to merge into the superior court's order, whether it reverses, modifies, or affirms the original decision. The application of this doctrine depends on the nature of the appellate or revisional order, the scope of statutory provisions, and the subject matter challenged.

Judgments on Section 148A

Vikasratna Vilasrao Deshmukh Manjara Shetkari Sah Sakhar Karkhana Limited, Latur vs. ITO Ward 1 Nanded, Nanded

In the result, the appeal of the assessee is partly allowed

ITA 125/PUN/2026[2013-2014]Status: DisposedITAT Pune06 May 2026AY 2013-2014

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.125/Pun/2026 धििाारण वर्ा / Assessment Year : 2013-14 Vikasratna Vilasrao Deshmukh Manjara Ito, Ward-1, Nanded Shetkari Sah Sakhar Karkhana Limited, Vilas Nagar, Latur-413531 Vs. Pan : Aaaam1527D अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Girish Ladda Department By : Shri Amit Bobde Date Of Hearing : 30-03-2026 Date Of 06-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 11.11.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2013-14. 2. Briefly Stated The Facts Of The Case Are That The Assessee Is A Co- Operative Society. For Ay 2013-14, The Assessee Filed Its Return Of Income U/S 139(1) Of The Income Tax Act, 1961 (The “Act”) On 30.09.2013 Declaring Total Income Of Rs.28,63,09,080/-. The Case Of The Assessee Was Reopened U/S 147 Of The Act Vide Order U/S 148A(D) Of The Act Dated 26.07.2022 On The Ground That “The Assessee Aop Deposited Cash Amounting To Rs.23,31,73,000/- In Its Bank Account. In Absence Of Documentary Evidence The Amount Of Transaction Of Rs.23,31,73,000/- Remain Unexplained & Has Escaped Assessment‖. Thereafter, Notice U/S 148 Of The Act Dated 26.07.2022 Was Issued & Served Upon The Assessee Through Itba Portal. In Response Thereto, The Assessee Filed Its Return Of Income On 20.01.2023 Declaring Total Income Of Rs.28,63,09,080/-. Statutory Notice(S) U/S 143(2) & 142(1) Of The Act Were Accordingly Issued & Served Upon Assessee Through Itba Portal From Time To Time, In Response To Which The Assessee Submitted Its Reply. However, The Show Cause Notice(S) Issued On 17.05.2023 & 21.05.2023 To The Assessee

For Appellant: Shri Girish LaddaFor Respondent: Shri Amit Bobde
Section 139(1)Section 143(2)Section 147Section 148Section 148ASection 69A