Section 151A of the Income Tax Act

The decision most relied on for Section 151A is Kunhayammed v. State of Kerala (245 ITR 360), cited in 361 of the 862 judgments on BharatTax that turn on this section.

Leading authorities on Section 151A

Kunhayammed v. State of Kerala
245 ITR 360 · 2000 · Supreme Court
361
citing judgments

An order refusing special leave to appeal to the Supreme Court, whether speaking or non-speaking, does not attract the doctrine of merger, meaning the order under challenge is not substituted.

Hexaware Technologies Ltd. v. ACIT
464 ITR 430 · 2024 · High Court
288
citing judgments
Kankanala Ravindra Reddy v. ITO
156 Taxmann.com 178 · 2023 · High Court
213
citing judgments

A notice issued under section 148 of the Income Tax Act is invalid if the Income Tax Department fails to follow the prescribed procedures, including obtaining the necessary approvals under section 151 or adhering to the faceless assessment scheme mandates under section 151A.

CIT v. Bilahari Investment (P) Ltd.
299 ITR 1 · 2008 · Supreme Court
206
citing judgments

The project completion method and the percentage of completion method are both recognized methods for recognizing income from real estate contracts.

Shanmugavel Nadar v. State of Tamil Nadu
263 ITR 658 · 2003 · Supreme Court
122
citing judgments

The doctrine of merger applies when appellate jurisdiction is invoked, causing the operative part of a lower court's order or decree to merge into the superior court's order, whether it reverses, modifies, or affirms the original decision. The application of this doctrine depends on the nature of the appellate or revisional order, the scope of statutory provisions, and the subject matter challenged.

Jatinder Singh Bhangu v. Union of India
165 Taxmann.com 115 · 2024 · High Court
106
citing judgments

The faceless assessment scheme under Section 151A applies from the stage of issuing show cause notices under Sections 148 and 148A, and non-compliance with the scheme or related notifications vitiates the subsequent assessment proceedings. Assessment proceedings are considered to commence upon the issuance of such a show cause notice.

Ram Narayan Sah v. Union of India
163 Taxmann.com 478 · 2024 · High Court
97
citing judgments

A notice under section 148 of the Income-tax Act, 1961, cannot be issued by the Jurisdictional Assessing Officer after the introduction of faceless assessment under Section 151A read with Section 144B. Such a notice is invalid as it defeats the object of faceless assessment and is not in consonance with CBDT notifications.

Commissioner of Income-tax v. Ramesh D. Patel
362 ITR 492 · 2014 · High Court
91
citing judgments

Section 124(3) of the Income-tax Act, which restricts an assessee from objecting to an Assessing Officer's jurisdiction, applies only to disputes concerning territorial jurisdiction as conferred by Section 120(1) or (2). It does not apply to objections regarding the Assessing Officer's inherent jurisdiction to frame an assessment.

T.K.S. Builders (P) Ltd. v. ITO
469 ITR 657 · 2024 · High Court
88
citing judgments

Section 144B of the Income Tax Act does not completely divest the Jurisdictional Assessing Officer (JAO) of their power to assess or reassess, even with the introduction of the Faceless Reassessment Scheme.

State of Orissa and Anrs v. Dhirendra Sundar Das & Ors.
6 SCC 270 · 2019 · Supreme Court
60
citing judgments

Dismissal of a Special Leave Petition (SLP) in limine without detailed reasons does not establish a binding precedent under Article 141 of the Constitution. Such dismissal signifies that the case was not deemed worthy of examination for reasons other than its merits.

Judgments on Section 151A

Chintan Vrajlal Mangukiya, Surat vs. Assessment Unit ITO Jurisdictional A O Ward-3(3)(1), Surat

In the result, appeal of the assessee stands allowed

ITA 859/SRT/2025[2016-17]Status: DisposedITAT Surat09 Mar 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.859/Srt/2025 िनधा"रण वष" /Assessment Year : 2016-17 Chintan Vrajlal Mangukiya Assessment Unit Ito बनाम B-76 Ramkrishna Society Jurisdictional Ao / L.H. Road Ward-3(3)(1) V/S. Varachha Surat – 395 006 Ito Ward-3(3) Surat – 395 001 "थायी लेखा सं./Pan: Blppm 3876 F (अपीलाथ(/ Appellant) (!) यथ(/ Respondent) Assessee By : Shri P.M. Jagasheth, Ca Revenue By : Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 10/12/2025 घोषणा की तारीख /Date Of Pronouncement: 09/03/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 25/03/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2016-17. 2. The Appeal Of The Assessee Is Time-Barred By 79 Days. A Separate Application For Condonation Of Delay Has Been Filed, Wherein, It Has Been Chintan Vrajlal Mangukiya Vs.Ito Asst. Year : 2016-17

For Appellant: Shri P.M. Jagasheth, CAFor Respondent: Shri Ajay Uke, Sr.DR
Section 147Section 148Section 151Section 151ASection 250Section 271(1)(c)Section 69

Kamlesh Sharma, Raipur vs. DCIT, Circle-1(1), Raipur

In the result, the appeal of assessee is allowed for statistical purposes as above

ITA 70/RPR/2026[2020-21]Status: DisposedITAT Raipur06 Mar 2026AY 2020-21

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 70/Rpr/2026 (िनधा"रण वष" Assessment Year: 2020-21) Kamlesh Sharma, House No.109, Vs Deputy Commissioner Of Income Harihant Nagar, Sarona, Tax, Circle-1(1), Central Revenue Ring Road No.1, Raipur-492001, Cg Building, Civil Lines, Raipur-492001 Pan: Bppps4514C (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : None (Adjournment Petition Filed) राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2026 घोषणा की तारीख / Date Of : 06/03/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2020-21 Filed By The Assessee Is Directed Against The Order Dated 18.12.2025 Of The Commissioner Of Income Tax (Appeals), [‘Cit(A)’], National Faceless Appeal Centre (‘Nfac’), Delhi Passed Under Section 250 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: None (Adjournment Petition filed)For Respondent: Dr. Priyanka Patel, Sr. DR
Section 10Section 139(1)Section 147Section 148Section 151ASection 249(3)Section 250Section 57Section 69

Smt. Kumud Yadav, Kanpur vs. Assessing Officer, NFAC, Delhi

In the result, the appeal is partly allowed

ITA 281/LKW/2025[2016-17]Status: DisposedITAT Lucknow27 Feb 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Smt. Kumud Yadav, Vs. Assessing Officer, Assessment Plot No. 192A, Awadhpuri Road, Unit, Income Tax Department, Lakhanpur, Kanpur Nagar Nfac, Delhi Pan: Abjpy4062E (Appellant) (Respondent) Assessee By: Sh. Pradeep Seth, Adv Revenue By: Sh. Amit Kumar, Addl Cit Dr Date Of Hearing: 29.01.2026 Date Of Pronouncement: 27.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 11.0.025, Wherein The Ld. Cit(A) Has Set Aside The Orders Of The Assessing Officer Passed For The A.Y. 016-17 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. That The Learned Cit(A) National Faceless Appeal Centre, Delhi Has Erred In Law & On Facts In Not Appreciating That The Assessment Order Passed U/S 147 Is Without Jurisdiction & Invalid As The Same Violates The Provisions Of "E-Assessment Of Income Escaping Assessment Scheme 2022" Notified On 29.03.22 Framed In Pursuance Of Sub Sections 1 & 2 Of Section 151A Of The Act Laying Down The Issue Of Notice U/S 148 In The Faceless Manner Through Automated Allocation Whereas In The Assessee'S Case It Has Not Been Issued In A Faceless Manner But By Jurisdictional Assessing Officer Who Was Not Assigned The Case In An Automated Manner. (Reliance On Judgement In The Case Of Hexaware Technoligies Ltd. Vs. Assistant Commissioner Of Income Tax & Others Reported In 464 Itr P. 430 (Paras 32 To 39).

For Appellant: Sh. Pradeep Seth, AdvFor Respondent: Sh. Amit Kumar, Addl CIT DR
Section 144Section 147Section 148Section 148ASection 151ASection 250

Dy. Commissioner of Income-Tax-1(1)(1), Mumbai vs. M/S. Hindustan Petroleum Corporation Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3866/MUM/2025[2015-16]Status: DisposedITAT Mumbai26 Feb 2026AY 2015-16

Bench: Shri Amit Shukla & Shri Girish Agrawaldy. Commissioner Of Income- Vs Hindustan Petroleum Tax-1(1)(1), Corporation Limited Mumbai Petroleum House Jamshedji Tata Road, Marine Lines S.O Mumbai - 400020 (Pan: Aaach1118B) Appellant Respondent Present For: Assessee By : Ms. Hirali Desai, Ca Revenue By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 23.02.2026 Date Of Pronouncement : 26.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075143492(1) Dated 27.03.2025 Passed Against The Assessment Order By The Assessment Unit, U/S. 147 R.W.S. 144 Read With Sec. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 25.05.2023 For Ay 2015-16. 2. Grounds Taken By The Revenue Are Reproduced As Under: “. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 9,60,00,000/ - On Account Of Disallowance Of Investment Allowance Claimed U/S. 32Ac On Dispensing Units In Retail Outlets Ignoring The Fact That The Dispensing Units Do Not Fall Within The Meaning Of Plant & Hence, Not Eligible For Claim Of Deduction U/S. 32Ac.

For Appellant: Ms. Hirali Desai, CAFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 144BSection 147Section 148Section 151ASection 32A