Section 151 of the Income Tax Act

Income-tax Act, 2025: s.284

Section 151 of the Income-tax Act, 1961 corresponds to section 284 (Sanction for issue of notice) of the Income-tax Act, 2025.

Read section 284 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 151 is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 of the 4,323 judgments on BharatTax that turn on this section.

Leading authorities on Section 151

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

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. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

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.

Pr. CIT v. Saumya Constructions (P.)Ltd.
387 ITR 529 · 2016 · High Court
670
citing judgments

Assessments under Section 153A cannot be sustained without any incriminating material found during the search that substantiates the additions. This principle applies even to completed assessments where no additional income is disclosed.

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.

Judgments on Section 151

Ultra Portfolio Management Pvt. Ltd., New Delhi vs. DCIT, Circle-27(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 8908/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Feb 2022AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Ultra Portfolio Management Pvt. Ltd., Vs Dcit, H-2, Top Floor, Suneja Chamber, Circle-27(1), Alaknanda Commercial Complex, New Delhi. New Delhi. Pan: Aaacu0117D (Appellant) (Respondent) Assessee By : Shri S.C. Verma, Ca Revenue By : Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing : 27.01.2022 Date Of Pronouncement : 10.02.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th September, 2019 Of The Cit(A)-9, New Delhi, Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Filed Its Return Of Income On 30Th September, 2011 Declaring A Loss Of Rs.3,06,078/-. The Return Was Processed U/S 143(1) On 10.01.2018 At The Returned Income. Subsequently, On The Basis Of Information Received From The Dcit, Central Circle (2), Mumbai Dated 5Th February, 2016 Wherein It Was Informed That Shri Shirish C. Shah, Who Happened To Be The Main Person Engaged In Providing Bogus Accommodation Entries Through The Companies Directly/Indirectly Controlled By Him & The Assessee Company Has Received Accommodation Entry Of Rs.25 Lakhs From M/S Dhanus Technologies Ltd., The Case Of The Assessee Was Reopened By Recording Reasons And, Accordingly, Notice U/S 148 Of The Act Was Issued To The Assessee.

For Appellant: Shri S.C. Verma, CAFor Respondent: Shri Sanjiv Mahajan, Sr. DR
Section 133(6)Section 143(1)Section 147Section 148Section 151Section 68

Alankar Commodeal (P) Ltd., Kolkata vs. ITO, Ward - 4(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1257/KOL/2018[2009-10]Status: DisposedITAT Kolkata01 Feb 2022AY 2009-10

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.1257/Kol/2018 Assessment Year: 2009-10 Alankar Commodeal (P) Ltd..........................................…………………….……Appellant C/O Ca Bal Kishan Kedia, Bansal Complex, 1St Floor, Ram Nivas Talkies Chowk, Raigarh, Chhattisgarh-496001. [Pan: Aahca1771G] Vs. Ito, Ward-4(3), Kolkata…………….…..…...............……........……...…..…..Respondent Appearances By: Shri Sunil Kr. Agarwal, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2021 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.04.2018 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act(Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Passing Order Ex-Parte. 2. That Under The Facts & In The Circumstances Of The Case, The Notice Issued U/S 148 Of The Income Tax Act, 1961 Is Bad In Law & Hence The Consequential Reassessment Order Is Also Illegal & Needs To Be Annulled. 3. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Of A Sum Of Rs.2,50,50,000/- For The Share Capital Raised By The Assessee, Holding The Same To Be Unexplained Cash-Credit In Terms Of Sec.68 Of The Income Tax Act, 1961. The Addition Is Unjustified & Need To Be Deleted. 4. That The Appellant Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 147Section 148Section 151(2)Section 250Section 68