Section 150 of the Income Tax Act
Income-tax Act, 2025: s.283
Section 150 of the Income-tax Act, 1961 corresponds to section 283 (Provision for cases where assessment is in pursuance of an order on appeal, etc) of the Income-tax Act, 2025.
Read section 283 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 150 is 1. S. S. Gadgil v. Lal & Co. (53 ITR 231), cited in 158 of the 131 judgments on BharatTax that turn on this section.
Leading authorities on Section 150
Income-tax assessment proceedings are administrative in nature, not civil disputes or judicial proceedings between contesting parties. Income-tax authorities act as administrative bodies to estimate income and assess tax, and the proper service of notice within the limitation period is foundational for reassessment jurisdiction.
Where the period of limitation for issuing a notice under section 148 has expired before an amendment to the law takes effect, the amended provision, if not expressly retrospective, cannot revive the expired period of limitation to reopen concluded proceedings.
A charge-sheet need not contain a detailed analysis of evidence; the trial court forms its opinion on charges by considering the charge-sheet and all accompanying documents. The case also discusses the constitutional validity of placing the burden of proof on the accused, particularly in anti-corruption cases, in light of Article 21.
The Supreme Court clarified that an appellate authority's 'finding' must be essential for disposing of the appeal for the relevant assessment year, not an incidental observation about another year's income. Appellate authorities cannot issue directions on matters not directly arising in the appeal for the specific assessment year, especially regarding escaped income, which has separate statutory mechanisms.
Reassessment proceedings cannot be initiated based on a mere change of opinion by the Assessing Officer when the primary facts necessary for assessment are fully and truly disclosed. The assessee is not obligated to instruct the Income-tax Officer on questions of law, nor can reassessment commence if the AO drew a wrong legal inference from disclosed facts.
Jewellery found in possession, to the extent permitted by Instruction No. 1916 (which exempts up to 100 gms of gold for unmarried male members), cannot be treated as an undisclosed investment.
Section 148 notices can be issued at any time for assessments or reassessments made in consequence of or to give effect to any final finding, direction, or order of any higher authority.
The proposition of law for which this case is cited is not clearly ascertainable from the provided passages, as they only list it as a cited case without detailing the specific legal point decided. However, its prominent placement with sections 147, 148, and 132 suggests it relates to reassessment or search and seizure proceedings.
Additions under Section 153A are not justified in the absence of incriminating material found during a search.
The decision in Union Public Service Commission And Others v. Angesh Kumar And Others is cited for the principle that the interpretation of exemptions under the Right to Information Act, 2005, should consider the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
