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

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2526/PUN/2024[2019-20]Status: DisposedITAT Pune24 Sept 2025AY 2019-20

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2525/PUN/2024[2018-19]Status: DisposedITAT Pune24 Sept 2025AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)

Nand Kumar Choudhary, Bargarh vs. Income Tax Officer, Ward Bargarh, Bandu Vikira Chowk

In the result, appeal of the assessee is allowed

ITA 420/CTK/2025[2016-17]Status: DisposedITAT Cuttack22 Sept 2025AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.420/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2016-2017) Nand Kumar Choudhury Vs Ito, Ward- Bargarh, Bargarh Rengalapali Camp, Attabira, Baragarh, 768027 Pan No. : Aaqpc 1181 Q (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Sunil Surana, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 22/09/2025 घोषणा की तारीख/Date Of Pronouncement : 22/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Order Dated 06/05/2025 Passed In Appeal No. Nfac/2015-16/10166862 For The Assessment Year 2016-2017. 2. It Was Submitted By The Ld. Ar That The Assessment Order In The Case Of Assessee Has Been Passed By The Nfac On 28.03.2022. It Was The Submission That The Notification By Which The National Faceless Assessment Centre Was Made Effective Is Dated 29.03.2022. It Was The Submission That Consequently The Assessment Order Passed On 28.03.2022 Is Liable To Be Quashed. Ld. Ar Placed Reliance On The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Md. Mahimud Sk In Ita Nos.2230&2229/Kol/2024 Pronounced On 04.03.2025, Wherein In Para 10 To 12, The Coordinate Bench Of The Tribunal Has Held As Under :-

For Appellant: Shri Sunil Surana, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR
Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 151A