Section 149(1)(b) of the Income Tax Act

Income-tax Act, 2025: s.282

Section 149(1)(b) falls under section 149 of the Income-tax Act, 1961, which corresponds to section 282 (Time limit for notices under sections 280 and 281) of the Income-tax Act, 2025.

Read section 282 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 149(1)(b) is 535 (Del); 6. Tata Teleservices v. UOI (385 ITR 497), cited in 163 of the 329 judgments on BharatTax that turn on this section.

Leading authorities on Section 149(1)(b)

535 (Del); 6. Tata Teleservices v. UOI
385 ITR 497 · 2016 · High Court
163
citing judgments

Orders passed under section 201(1) are barred by limitation if the prescribed period of limitation under section 201(3) had expired before the amendment by the Finance Act, 2014 came into force. The amended section 201(3) does not apply retrospectively.

Institute of Chartered Accountants of India v. Price Waterhouse
3 SCC 722 · 2002 · Reported
58
citing judgments
B.K Gooyee v. CIT
62 ITR 109 · 1966 · High Court
26
citing judgments

A notice issued under section 34 of the Income-tax Act, 1922, that is not signed by the Income Tax Officer is invalid and considered no notice at all, as the signature is an essential and integral part of the notice.

P. Satyanarayana Chetty v. Income Tax Officer
101 ITR 385 · 1975 · High Court
25
citing judgments

Sanction for reassessment proceedings under Section 151 of the Income Tax Act must be granted with due application of mind and cannot be a mechanical or routine exercise.

Dattatraya Gopal Bhotte v. CIT
150 ITR 460 · 1984 · High Court
23
citing judgments

Central Board of Revenue (now CBDT) circulars that confer a benefit on the assessee are binding on income-tax officers and must be followed, even if they deviate from the strict interpretation of the law.

CIT v. Micro Labs Ltd.
348 ITR 75 · 2012 · High Court
21
citing judgments

The notice issued under section 153A of the Income-tax Act, 1961, is invalid if no search warrant was issued in the name of the assessee. A notice under section 153C can only be assumed by the AO if incriminating material relevant to the assessee was found during a search and seizure operation in another case and there was no search warrant in the assessee's name.

Mayawati v. CIT
321 ITR 349 · 2010 · High Court
20
citing judgments

Section 149 of the Income Tax Act, 1961, only mandates the issuance of a notice within the prescribed period and does not require the notice to be served on the assessee within that same period.

Cit v. Independent Mdia (P) Ltd.
210 Taxmann 14 · 2012 · High Court
19
citing judgments

The Assessing Officer (AO) is not required to prove that share money originated from the assessee's own funds; Section 68 of the Income Tax Act does not place such a burden on the AO.

Vikram Bhatnagar v. ACIT
147 Taxmann.com 254 · 2023 · High Court
16
citing judgments

An assessment order passed against a deceased person, even if initiated after death, is null and void and must be set aside, especially when the return was filed by the legal representative.

Renu T Tharani v. DCIT (International Taxation)
117 Taxmann.com 84 · 2020 · Reported
15
citing judgments

The case is distinguished when the assessee has explained the contents of a base note and clarified their residency status and taxability in India, unlike in the cited case where the assessee, a non-resident, failed to explain the contents of a base note related to a foreign bank deposit.

Judgments on Section 149(1)(b)

Gaurav Tiwari, Uttar Pradesh vs. DCIT, Circle 1(1), Gurugram

In the result, appeal of the assessee is allowed

ITA 1695/DEL/2025[2015-16]Status: DisposedITAT Delhi27 Oct 2025AY 2015-16

Bench: Shri Vikas Awasthyआअसं.1695/िद"ी/2025 (िन.व. 2015-16) Gaurav Tiwari, 1401, Tower-6, Unitech Horizon, ...... अपीलाथ"/Appellant Sector-Pi, Greater Noida, Uttar Pradesh 201301 Pan: Aezpt-4925-L बनाम Vs. Deputy Commissioner Of Income, ..... "ितवादी/Respondent Circle 1(1), Gurugram, Haryana 122016 अपीलाथ" "ारा/Appellant By : S/Shri Ajay Goyal & Mudit Dewan, Advocates "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 15.01.2025, For Assessment Year 2015-16. 2. Shri Ajay Goyal, Appearing On Behalf Of The Assessee Submits That The Assessment For Ay 2015-16 Was Reopened For The Reason:- (I) The Assessee Had Purchased Immovable Property Worth Rs.55,04,000/- During Financial Year 2014-15;

For Appellant: S/Shri Ajay Goyal & Mudit Dewan, AdvocatesFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 147Section 148Section 148ASection 149Section 149(1)Section 149(1)(b)Section 56(2)(vii)

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2526/PUN/2024[2019-20]Status: DisposedITAT Pune24 Sept 2025AY 2019-20

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2525/PUN/2024[2018-19]Status: DisposedITAT Pune24 Sept 2025AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)