Section 148

Wrong SFT Reporting may invite Notice U/s 148A of Income Tax Act, 1961

Income Tax - Discover the consequences of incorrect SFT reporting triggering U/s 148A notices under the Income Tax Act, 1961. Learn from a detailed case analysis and understand the implications for taxpayers....

Proposed Penal Provision For Non Registration of Machines In GST

Income Tax - Explore the proposed penalties in Finance Bill 2024 for non-registration of machines under GST. Analysis of Section 122A and the impact on manufacturers....

Section 153A & 153C of Income Tax Act: Analysis & Implications

Income Tax - Delve into the provisions of Income Tax Act Sections 153A & 153C, governing assessments after search or requisition. Learn from court rulings and expert interpretations....

Draft Format of letter for filing objection to Section 148 Income Tax notice

Income Tax - Learn how to draft a letter objecting to a notice under Section 148 of the Income Tax Act, 1961. Understand the legal aspects, necessary documentation, and key considerations....

Section 147 to 153 Income Escaping Assessment (Reopening of Cases)

Income Tax - Learn about Section 147 to 153 Income Escaping Assessment and Reopening of Cases Under Income Tax Act, 1961. Get guidance on the procedure and legal rules applicable....

Request to amend section 151 Sanctioning Authority for reassessment

Income Tax - Humble Representation for modification of Section 151 of the Income Tax Act relating to Sanction for issue of Notice under sec. 148/148A w.e.f. 1st April, 2021 DIRECT TAXES PROFESSIONALS’ ASSOCIATION Income Tax Building, 3, Govt. Place West, Ground Floor, Kolkata 700001 Ph – 033-22420638 URGENT Ref. No. DTPA/Rep/22-23/ | Dated: 25th J...

Request to clarify on SC judgement on Section 148 notices

Income Tax - Income Tax Gazetted Officers’ Association requested CBDT to issue Clarification in respect of the judgement of Hon’ble Supreme Court in the case of  Union of India Vs Ashish Agarwal ,Civil Appeal No. 3005/2022, Dated: 04/05/2022  in the matter of notices u/s 148 issued between 01-04-2021 to 30-06-2021 under the pre amended provisio...

Indiscriminate Income Tax notices without allowing reasonable time

Income Tax - In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry and CBDT that suitable steps should be taken so that adequate time is allowed for compliance and cases are not disposed of in a hurry, without giving adequate opportunity for the taxpayer to be heard. The [&helli...

Extend Time Limit for Income Tax Assessment time barring on 31.3.2022

Income Tax - Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time barring as on 31.3.22 under the Income Tax Act 1961 in view of Problems faced in completion of Reopened Assessment cases (letting time barred on 31st March 2022, Problems faced in completion of Assessment as [&hel...

Recall section 148 issued notice under old law after 31.03.2021

Income Tax - DTPA has made a representation to Finance Minister, Smt. Nirmala Sitharaman and requested for for recalling notices under section 148 issued as per old provisions after 31st March 2021. Full text of their representation is as follows:- DIRECT TAXES PROFESSIONALS’ ASSOCIATION Income Tax Building, 3, Govt. Place West, Ground Floor, K...

ITAT Delhi quashes reassessment initiated by AO on incorrect facts

Shri Anuj Chaudhary Vs ITO (ITAT Delhi) - ITAT Delhi quashes reassessment initiated by AO on incorrect facts. Full text analysis of Shri Anuj Chaudhary vs ITO case for AY 2009-10....

Addition u/s 68 deleted as genuineness and creditworthiness of lender proved: ITAT Delhi

Trident Towers Pvt. Ltd Vs ACIT (ITAT Delhi) - ITAT Delhi's order on Trident Towers Pvt. Ltd vs ACIT addresses the deletion of addition under section 68 of the Income Tax Act, citing submission of requisite documents....

PCIT’s mere “Yes” Not Valid Approval under Section 151: Delhi HC

PCIT Vs Pioneer Town Planners Pvt Ltd (Delhi High Court) - Delhi High Court rules Yes by PCIT not valid approval under Section 151 of IT Act, 1961. Analysis of mechanical approval in reassessment proceedings....

If No Addition Based on Reopening Reasons, Other additions Unsustainable

Vishram Sahakari Awas Samiti Limited Vs ITO (ITAT Delhi) - New Delhi ITAT explains that Explanation 3 to Sec 147 can't justify additions unrelated to reasons for reopening. Read the detailed analysis....

ITAT upholds Reassessment of Company for land acquired by it before incorporation through Directors

Bagora Developers Pvt. ltd. Vs ACIT (ITAT Indore) - Indore ITAT clarifies that a firm can't deny land ownership if bought through directors. Read the detailed analysis of Bagora Developers Pvt. Ltd. Vs ACIT case....

Instructions to AO’s for initiating Section 147 proceedings in e-Verification cases

e-Verification Instruction No. 2 of 2024 - (01/03/2024) - Explore e-Verification Instruction No. 2 of 2024 from the Directorate of Income Tax (Systems). Detailed guidelines for AOs under IT Act, 1961 Section 147 in high-risk cases....

Limitation date for reopening cases related to Ashish Agarwal judgment

No: Pr.CCIT/Kol/Tech/DCIT/84/Meeting/P-1/2022-23/3608 - (06/02/2023) - Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-barring date of such cases, in the light of communication sent by ITBA. The Board is of the view that such cases have to be completed by 31.05.2023...

Time barring date for reopening cases arising out of SC direction

(01/01/1970) - Income Tax Gazetted Officers’ Association (W.B.) Unit Date: 02.02.2023. To The Principal Chief Commissioner of Income Tax, West Bengal & Sikkim Region, Kolkata. Sir, Sub: Time barring date for reopening cases arising out of the direction of the Hon’ble SC in the case of Ashish Agarwa...

Carry out due verification before initiating Section 148/147 proceedings: CBDT

F. No. 299/10/2022-Dir(Inv.III)/647 - (22/08/2022) - Consequent to order passed by Allahabad High Court passing severe strictures and proposing to levy exemplary cost of Rs 50 lakhs in a writ challenging reopening of assessment on wrong facts,  CBDT today ( 22nd August, 2022 ) has issued instructions to all its officers that for initiating proceeding...

Revised Guideline for Issue of Section 148 Notice

F.No.299/10/2022-Dir(lnv.III)/611 - (01/08/2022) - Salient features of new Section 148 to 151A 'i.e. assessment/reassessment procedure of Income Escaping Assessment...

Recent Posts in "Section 148"

ITAT Delhi quashes reassessment initiated by AO on incorrect facts

Shri Anuj Chaudhary Vs ITO (ITAT Delhi)

ITAT Delhi quashes reassessment initiated by AO on incorrect facts. Full text analysis of Shri Anuj Chaudhary vs ITO case for AY 2009-10....

Addition u/s 68 deleted as genuineness and creditworthiness of lender proved: ITAT Delhi

Trident Towers Pvt. Ltd Vs ACIT (ITAT Delhi)

ITAT Delhi's order on Trident Towers Pvt. Ltd vs ACIT addresses the deletion of addition under section 68 of the Income Tax Act, citing submission of requisite documents....

PCIT’s mere “Yes” Not Valid Approval under Section 151: Delhi HC

PCIT Vs Pioneer Town Planners Pvt Ltd (Delhi High Court)

Delhi High Court rules Yes by PCIT not valid approval under Section 151 of IT Act, 1961. Analysis of mechanical approval in reassessment proceedings....

If No Addition Based on Reopening Reasons, Other additions Unsustainable

Vishram Sahakari Awas Samiti Limited Vs ITO (ITAT Delhi)

New Delhi ITAT explains that Explanation 3 to Sec 147 can't justify additions unrelated to reasons for reopening. Read the detailed analysis....

ITAT upholds Reassessment of Company for land acquired by it before incorporation through Directors

Bagora Developers Pvt. ltd. Vs ACIT (ITAT Indore)

Indore ITAT clarifies that a firm can't deny land ownership if bought through directors. Read the detailed analysis of Bagora Developers Pvt. Ltd. Vs ACIT case....

Revision order passed u/s. 263 unacceptable as based on reassessment order which itself is unsustainable: ITAT Delhi

Daya Rani Vs PCIT (ITAT Delhi)

ITAT Delhi held that once the reassessment order passed by AO is not sustainable in the eyes of law, any revision order passed u/s. 263 of the Income Tax Act seeking to revise such reassessment order cannot be accepted in the eyes of law. Accordingly, revision order passed u/s. 263 quashed....

Payment to related party cannot be disallowed u/s. 40A(2)(b) as AO failed to prove it as unreasonable: ITAT Delhi

Trinity Global Enterprises Ltd. Vs ITO (ITAT Delhi)

Trinity Global Enterprises Ltd. vs. ITO: No disallowance under 40A(2) for supervision and risk management charges. Detailed analysis and conclusions provided....

Lack of Legal Understanding & Consultant’s Technological Limitations: ITAT denied Condonation of delay

Inderjit Singh Manchanda Vs CIT (ITAT Mumbai)

Read about the ITAT Mumbai ruling in Inderjit Singh Manchanda vs. CIT case, where the application for condonation of delay regarding penalty proceedings appeal was dismissed....

Personal hearing is mandatory before issuing Section 148A(d) orders: Kerala HC

ITO Vs Abdul Majeed (Kerala High Court)

Kerala High Court affirms that personal hearing is mandatory before issuing orders under Section 148A(d) of the Income Tax Act....

Kerala HC: Personal Hearing Required for IT Act Section 148A(d) Orders

ITO Vs Mohammed Noushad (Kerala High Court)

Kerala High Court rules that personal hearing is mandatory before passing an order under Section 148A(d) of the Income Tax Act....

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