Section 149 of the Income Tax Act

Income-tax Act, 2025: s.282

Section 149 of the Income-tax Act, 1961 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 is Union of India v. Rajeev Bansal (469 ITR 46), cited in 713 of the 1,766 judgments on BharatTax that turn on this section.

Leading authorities on Section 149

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. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

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.

SSP Aviation Ltd. v. Deputy Commissioner of Income Tax
346 ITR 177 · 2012 · High Court
308
citing judgments

The date of initiation of search or requisition for the purpose of abatement of assessment proceedings is the date of search or requisition, or the date of receipt of seized documents by the jurisdictional Assessing Officer, whichever is later. Proceedings under section 153C can only be initiated by the Assessing Officer of the searched person after being satisfied that seized documents belong to another person.

ARN Infrastructure India Ltd. v. Asstt. CIT
394 ITR 569 · 2017 · High Court
282
citing judgments

For initiating proceedings under Section 153C, seized documents must be incriminating and specifically relate to the assessment years for which assessments are reopened. A document relevant only for one year cannot be used to reopen other assessment years without being incriminating for those years.

PCIT v. Ojjus Medicare (P) Ltd.
465 ITR 101 · 2024 · High Court
277
citing judgments

For assessments under Section 153C, the commencement point for calculating the six or ten assessment year block period is the date of issuing the Section 153C notice, or the date of the satisfaction note/handing over of books, as clarified by the first proviso to Section 153C(1).

CIT v. Sinhgad Technical Education Society
378 ITR 84 · 2015 · High Court
254
citing judgments
K.P.Madhusudhanan v. CIT
251 ITR 99 · 2001 · Supreme Court
199
citing judgments

Voluntary disclosures or explanations offered by an assessee do not automatically absolve them from penalty under section 271(1)(c) if the explanation is not substantiated by credible evidence.

CIT (Central) v. Kabul Chawla
2015 SCC OnLine DEL 11555 · 2015 · Reported
186
citing judgments

No addition can be made in respect of a completed assessment in the absence of incriminating material, especially when considering the object and purpose of Section 153-A.

Pr. CIT v. Index Securities (P.) Ltd.
86 Taxmann.com 84 · 2017 · High Court
184
citing judgments

For a valid reassessment under Section 153C, seized documents must be incriminating and directly relevant to the assessment years being reopened. Documents that are not incriminating or do not relate to the assessment years do not satisfy the jurisdictional requirement.

Judgments on Section 149

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