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

Neelachal Gramya Bank, Bhubaneswar vs. Principal CIT-1, Bhubaneswar

In the result, appeal of the assessee stands dismissed

ITA 143/CTK/2021[2013-14]Status: DisposedITAT Cuttack07 Feb 2023AY 2013-14

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2-13-14 Neelachal Neelachal Gramya Gramya Vs. Pr. Cit-1, Bank,(Succeeded By Odisha Bank,(Succeeded By Odisha Bhubaneswar Bhubaneswar Gramya Bank), Head Office, Gramya Bank), Head Office, Gandamunda, Gandamunda, Khandagiri, Khandagiri, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aaaln 0450 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K.Mahapatra, Ca B.K.Mahapatra, Ca Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 7/02 2/2023 Date Of Pronouncement : 7/02 2/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit Passed Cit Passed U/S.263 U/S.263 Of Of The The Act, Act, Dated 27.4.2020 27.4.2020 In Appeal No.Itba/Com/F/17/2020 /F/17/2020-21/1026986050(1) For The Assessment Year For The Assessment Year 2013- 14. 2. Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri B.K.Mahapatra, CAFor Respondent: Shri M.K.Gautam
Section 143(3)Section 194HSection 263