Section 282 of the Income Tax Act

Income-tax Act, 2025: s.501

Section 282 of the Income-tax Act, 1961 corresponds to section 501 (Service of notice, generally) of the Income-tax Act, 2025.

Read section 501 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 282 is Pr. CIT v. Silver Line (383 ITR 455), cited in 201 of the 613 judgments on BharatTax that turn on this section.

Leading authorities on Section 282

Pr. CIT v. Silver Line
383 ITR 455 · 2016 · High Court
201
citing judgments

For reassessment under Section 147, the Assessing Officer must record reasons and communicate them to the assessee. An assessee's participation in proceedings pursuant to a Section 148 notice does not obviate the mandatory requirement of recording and communicating reasons or issuing a Section 143(2) notice.

CIT v. Chetan Gupta
382 ITR 613 · 2016 · High Court
57
citing judgments

Reassessment proceedings and subsequent assessment orders are invalid if the notice under Section 148 is not validly served, such as when issued to an incorrect address or when affixture is improper.

CIT v. Ramendra Nath Ghosh
82 ITR 888 · 1971 · Supreme Court
42
citing judgments

For substituted service of notice by affixation to be valid, the serving officer must exercise all due and reasonable diligence to find the assessee or their agent, strictly adhering to the procedure under Rule 17 of Order V of the Civil Procedure Code. Failure to follow this proper procedure renders the service invalid and cannot sustain subsequent proceedings.

B.K Gooyee v. CIT
62 ITR 109 · 1966 · High Court
26
citing judgments

A notice issued under section 34 of the Income-tax Act, 1922, that is not signed by the Income Tax Officer is invalid and considered no notice at all, as the signature is an essential and integral part of the notice.

CIT v. Naveen Chander
323 ITR 49 · 2010 · High Court
21
citing judgments

Service of notice by affixture is invalid if it is not done in accordance with the procedure laid down in the Code of Civil Procedure, specifically requiring the association of an independent local person.

B. Johar Forest Works v. CIT
107 ITR 409 · 1977 · Reported
16
citing judgments

For an assessee to be considered in default, a notice must be served in one of the modes provided by the Income Tax Act. Acquiring knowledge of a notice's issuance is not a substitute for proper service.

PCIT v. Broadway Shoe Co.
99 Taxmann.com 83 · 2018 · Reported
15
citing judgments

When no return is filed in response to a notice under section 148 of the Income Tax Act, a separate notice under section 143(2) is not required to make the assessment.

Ashish Plastic Industries v. ACIT
373 ITR 451 · Reported
14
citing judgments

An assessee must be allowed credit for income surrendered and disclosed in another year or by another group assessee to avoid impermissible double taxation.

Dy. CIT v. Oman International Bank SAOG
100 ITD 2185 · 2006 · ITAT
9
citing judgments
APJ Abdul Kalam Education and Welfare Trust v. CIT (Exemption)
171 Taxmann.com 569 · 2025 · Reported
7
citing judgments

Judgments on Section 282

Venkat Reddy Poreddy, Hyderabad vs. Addl.CIT, Ranga-9, Hyderabad

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

ITA 1406/HYD/2024[2017-18]Status: DisposedITAT Hyderabad03 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1406/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Venkat Reddy Poreddy Vs. Addl. C. I. T Hyderabad Rangfe 9 Pan:Aitpp4141L Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Vinod, Advocate राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 02/04/2025 घोषणा की तारीख/Pronouncement: 03/04/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 31/10/2024 Of The Learned Cit (A)-Nfac Delhi, Arising From The Penalty Order Passed U/S 271D Of The I.T. Act, 1961 For The A.Y.2017-18. 2. There Is A Delay Of 366 Days In Filing The Present Appeal. The Assessee Has Filed An Affidavit Explaining The Cause Of Delay. The Learned Ar Of The Assessee Has Submitted That, The Assessee Was Not Aware Of The Impugned Order Passed By The Learned Cit (A) & Came To Know About The Same Only On 23/12/2024, When The Assessee Approached His Counsel To Inquire About The Status Of The Appeal Filed Before The Learned Cit

For Appellant: Shri P. Vinod, AdvocateFor Respondent: : Shri Srinath Sadanala, DR
Section 271D