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

DCIT 19 1 Mumbai, Mumbai vs. Mafatlal Mangilal Kothari, Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 7094/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 May 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

DCIT 19 1 Mumbai, Mumbai vs. Mafatlal Mangilal Kothari, Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 7093/MUM/2025[2016-17]Status: DisposedITAT Mumbai05 May 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The Asstt. CIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5897/MUM/2025[2020-21]Status: DisposedITAT Mumbai05 May 2026AY 2020-21

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19 (1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5896/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 May 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5895/MUM/2025[2016-17]Status: DisposedITAT Mumbai05 May 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250

M/S Mafatlal Mangilal Kothari, Mumbai vs. The ACIT Circle 19(1), Mumbai

In the result, all the appeals filed by the assessee are allowed and all the appeals filed by the Revenue are dismissed

ITA 5894/MUM/2025[2017-18]Status: DisposedITAT Mumbai05 May 2026AY 2017-18

Bench: Shri Pawan Singh & Shri Makarand Vasant Mahadeokar & & & Mafatlal Mangilal The Asst. C.I.T. Kothari Circle 19(1), 904, 9Th Floor, Vs. Room No. 506, 5Th Panchratna, Opera Floor, Piramal House, Mumbai Chamber, Lalbaug, Maharashtra – 400004. Mumbai, Maharashtra- 400012 Pan/Gir No. Agypk9896N (Applicant) (Respondent) & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N & Dcit 19 (1), Mafatlal Mangilal 506 Piramal Chambers Kothari Lalbag, Mumbai Vs. 904, 9Th Floor, Maharashtra- 400012 Panchratna, Opera House, Mumbai Maharashtra – 400004. Pan/Gir No. Agypk9896N Assessee By Mr. Shri Dharan Gandhi Revenue By Shri Umashankar Prasad Cit Dr Date Of Hearing 09.04.2026 Date Of Pronouncement 05.05.2026 आदेश / Order Per Bench These Six Appeals Comprise Four Appeals Filed By The Assessee & Two Appeals Filed By The Revenue, Arising Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"]Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As "The Act"], For Assessment Years 2016–17, 2017–18, 2019–20 & 2020–21. Since Common Issues Are Involved In All These Appeals, They Were Heard Together & Are Being Disposed Of By Way Of This Consolidated Order. For The Sake Of Convenience, Assessment Year 2016–17 Is Taken As The Lead Year. Common Facts 2. The Assessee Is An Individual. The Assessments For The Impugned Years Have Been Framed Under Section 147 Of The Actpursuant To Reopening Proceedings Initiated On The Basis Of Information Received From The Investigation Wing.

Section 131Section 131(1)Section 132Section 147Section 148Section 148ASection 151Section 250