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

DCIT, Central Circle-4(3), Kolkata vs. Ishana Projects Private Limited, Kolkata

In the result, both appeals of the revenue are dismissed

ITA 1774/KOL/2025[2015-16]Status: DisposedITAT Kolkata30 Dec 2025AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1774 & 1775/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016 & 2016-2017) Dcit, Central Circle-4(3), Vs Ishana Projects Private Limited, Kolkata 4, Block 1 Unit 7(O), Chowringhee Lane, Park Street, Kolkata-700016 Pan No. :Aahcm 4897 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Manish Rastogi, Advocate रधजस्व की ओर से /Revenue By : Shri Subrata Aich, Jcit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 30/12/2025 घोषणा की तारीख/Date Of Pronouncement : 30/12/2025 आदेश / O R D E R Per Bench : These Two Appeals Are Filed By The Revenue Against The Separate Orders Of The Ld. Cit(Appeals), Kolkata-27, Both Dated 15.04.2025 For The Assessment Years 2015-2016 & 2016-2017. 2. Both Appeals Of The Revenue Are Filed Belatedly By 05 Days Each. In This Regard, The Revenue Has Filed Affidavit In Both The Appeals Stating Therein Sufficient Reasons For Condonation Of Delay. Considering Facts & Circumstances Of The Case & The Reasons Stated In The Affidavit, We Condone The Delay Of 05 Days Each In Both The Appeals Of The Revenue & Both The Appeals Are Admitted For Hearing. 3. It Was Submitted By The Ld. Sr.Dr That The Assessee Being Energy Commodity Private Limited Was Involved In Sale Of Bogus Investments. It Was Submission That Consequently Reopening Had Been Done By Issuance Of Notice 148 Of The Act On 10/01/2024 & The Reasons Were Recorded & In The Assessee’S Paper Book At Pages 146 To 167 Which Reads As Follows:-

For Respondent: Shri Subrata Aich, JCIT-Sr.DR
Section 143(3)Section 148

ACIT, Nungambakkam vs. Integrated Service Point Limited, Anna Nagar

ITA 1876/CHNY/2025[2019-20]Status: DisposedITAT Chennai30 Dec 2025AY 2019-20

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon'Ble Jagadishआयकर अपील सं./ Ita Nos.1881, 1882 & 1883/Chny/2025 निर्धारण वर्ष / Assessment Years: 2016-17, 2019-20 & 2022-23 Integrated Service Point Ltd., (Formerly Integrated Service Point Vs. Pvt. Ltd.,) The Dy./Asst. Commissioner Of Income Tax, Central Circle-2(4), Chennai. 6C, 6Th Floor, Gaiety Palace I/L, Blackers Road, Anna Road H.O., Chennai - 600 002. Pan: Aaaci 9527P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./ Ita Nos.1874, 1876 & 1879/Chny/2025 निर्धारण वर्ष / Assessment Years: 2016-17, 2019-20 & 2022-23 The Dy./Asst. Commissioner Of Income Tax, Central Circle-2(4), Chennai. Integrated Service Point Ltd., (Formerly Integrated Service Point Vs. Pvt. Ltd.,) 6C, 6Th Floor, Gaiety Palace I/L, Blackers Road, Anna Road H.O., Chennai - 600 002. Pan: Aaaci 9527P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Y. Sridhar, Fca प्रत्यर्थी की ओर से /Revenue By : Mr. Bipin C.N, Cit सुनवाई की तारीख/Date Of Hearing : 13.10.2025 घोषण की तारीख / Date Of Pronouncement : 30.12.2025 :- 2 -:

For Appellant: Mr. Y. Sridhar, FCAFor Respondent: Mr. Bipin C.N, CIT
Section 132Section 132(4)Section 134(4)Section 250

ACIT, Nunagambakkam vs. Integrated Service Point Limited, Anna Nagar

ITA 1874/CHNY/2025[2016]Status: DisposedITAT Chennai30 Dec 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon'Ble Jagadishआयकर अपील सं./ Ita Nos.1881, 1882 & 1883/Chny/2025 निर्धारण वर्ष / Assessment Years: 2016-17, 2019-20 & 2022-23 Integrated Service Point Ltd., (Formerly Integrated Service Point Vs. Income Tax, Pvt. Ltd.,) The Dy./Asst. Commissioner Of Central Circle-2(4), 6C, 6Th Floor, Gaiety Palace I/L, Blackers Road, Anna Road H.O., Chennai - 600 002. Pan: Aaaci 9527P Chennai. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./ Ita Nos.1874, 1876 & 1879/Chny/2025 निर्धारण वर्ष / Assessment Years: 2016-17, 2019-20 & 2022-23 The Dy./Asst. Commissioner Of Integrated Service Point Ltd., Income Tax, Central Circle-2(4), Chennai. (Formerly Integrated Service Point Vs. Pvt. Ltd.,) 6C, 6Th Floor, Gaiety Palace I/L, Blackers Road, Anna Road H.O., Chennai - 600 002. Pan: Aaaci 9527P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Y. Sridhar, Fca प्रत्यर्थी की ओर से /Revenue By Mr. Bipin C.N, Cit सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख / Date Of Pronouncement 13.10.2025 30.12.2025 - : 2 -:

For Appellant: Mr. Y. Sridhar, FCA
Section 132Section 132(4)Section 134(4)Section 250

Jasaram Kesramji Rathod, Navi Mumbai vs. ITO Ward 28(1)(1), Navi Mumbai

In the result, the Assessee‟s appeal is allowed

ITA 5687/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Dec 2025AY 2013-14

Bench: Shri Narender Kumar Choudhryassessment Year: 2013-14 Jasaram K. Rathod, Income Tax Officer, Shop No.1, Plot No.391, Ward-28(1)(1), Saidham Building, Vs. It Office, Sector 19, Opp: Jimmy Tower, Vashi Railway Station Building, Kopar Khairne, Navi Mumbai-400703. Navi Mumbai-400709. Pan : Aacpc3348K (Appellant) (Respondent) For Assessee : Shri Pritam Kulapkar, Ld. Ar For Revenue : Shri A.M.K. Mahadevan, Ld. Sr.Dr Date Of Hearing : 20-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 23-07-2025 Impugned Herein Passed By National Faceless Appeal Centre (Nfac), Delhi (In Short „Nfac‟)/Ld. Commissioner Of Income Tax (In Short „Ld. Commissioner‟) U/S. 250 Of The Income Tax Act 1961 (In Short „The Act‟) For The Ay. 2013-14. 2. In The Instant Case, The Assessee Had Declared His Total Income Of Rs. 16,97,210/-By Filing His Return Of Income For The Year Under Consideration On Dt. 01-11-2013, Which Was Subsequently Reopened For Re-Assessment U/S. 147 Of The Act By Issuing Notice Dt. 30-03-2021 U/S. 148 Of The Act, Mainly On The Reason That The Assessee Though Made Cash Payment Of Rs. 22,50,000/-For Purchase Of Land With Shri Mahesh M. Munde & 11 Others, But Has Not Offered The Same For Taxation For The Ay. 2013-14. 2 3. The Assessee In Response Filed His Return Of Income On 05-01-2022, Declaring Total Income At Rs. 16,97,210/-As Declared Originally. The Said Return Filed By The Assessee Was Declared/Considered As Belated And/Or Filed After The Stipulated Time Given In The Notice Dt. 30-03-2021 U/S. 148 Of The Act I.E., Within Thirty Days And, Therefore, The Same Was Treated As „Nonest’ & Accordingly The Case Of The Assessee Was Finalized U/S. 144 Of The Act Making The Addition Of The Aforesaid Amount Of Rs. 22,50,000/- By Passing The Assessment Order Dt. 29-03-2022 U/S. 147 R.W.S. 144B Of The Act.

For Appellant: Shri Pritam Kulapkar, Ld. ARFor Respondent: Shri A.M.K. Mahadevan, Ld. Sr.DR
Section 144Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 250