Section 148A

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....

Period of limitation prescribed under Income-tax Act, 1961

Income Tax - The Income-tax Act has prescribed time limit in respect of various procedures, applications, etc. (like time limit for filing an appeal to the Commissioner of Income-tax (Appeals), deposit of tax on distributed profits of domestic companies, filing return of income, filing belated return of income, etc.)....

Validity of Section 148A(b) & Section 148A(d) Proceedings: Legal Analysis

Income Tax - Explore legality of Section 148A(b) & Section 148A(d) proceedings post Finance Act 2021. Understand implications of local assessments in a faceless era....

Critical Role of Initial Enquiry under Section 148A(a) for Taxpayer Protection

Income Tax - Understand the critical role of the initial enquiry under Section 148A(a) for taxpayer protection in income tax assessments. Explore the significance of the initial enquiry in gathering relevant information, ensuring a reasonable basis, and providing the assessee an opportunity to explain. Learn from recent court decisions, such as CIT v....

Critical Analysis of New Reassessment Provisions: Section 148, 148A and 149

Income Tax - Read this critical analysis of the new reassessment provisions introduced by the Finance Act, 2021. Understand the changes in Section 148, 148A, and 149 of the Income Tax Act and their impact on taxpayers. Find an in-depth analysis, interpretations, and a conclusive assessment of the validity of reassessment proceedings....

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...

IT officers association demand extension of Time Barring Date for assessment

Income Tax - Non- extension of the Time Barring Date for assessment of reopened cases and issuance of the notices for reopening – difficulties being faced – regarding Income Tax Gazetted Officers’ Association Date: 29.03.2022. To The Chairman, Central Board of Direct Taxes, North Block, New Delhi. Respected Sir, Sub: Non- extension o...

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....

Bombay HC quashes reassessment notices issued after Limitation period

Godrej Industries Ltd. Vs ACIT (Bombay High Court) - Bombay High Court quashes reassessment notices against Godrej Industries, citing issuance beyond the limitation period. A landmark victory for corporate law....

Bombay HC Quashes Income Tax Reassessment Notice for AY 2013-14 as Time-barred

Amol Ramrao Dahale Vs The Principal, Chief Commissioner, Income Tax, Pune and another (Bombay High Court) - Bombay High Court quashes income tax reassessment notice for Assessment Year 2013-2014 as time-barred. Detailed analysis of the case provided....

Kerala HC refuses to intervene in Income Tax proceeding initiated under Section 148  

St. John The Baptist Church Vs ITO (Kerala High Court) - In a setback for St. John The Baptist Church, Kerala High Court refuses to intervene in proceedings initiated under Section 148 of Income Tax Act. Full analysis here....

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...

Case reopened in light of SC judgment in Ashish Agarwal to be completed by 31.05.2023

F. No. Pr. CCIT/KNP/DCIT(T&J)/5(31)/2022-23/7211 - (27/01/2023) - CBDT directed that cases reopened u/s 147/148A in consonance with Judgement of SC in case of UoI vs. Ashish Agarwal & CBDT instruction No. 01/2022 dated 11.05.2022 shall be completed on or before 31.05.2023....

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 148A"

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....

Bombay HC quashes reassessment notices issued after Limitation period

Godrej Industries Ltd. Vs ACIT (Bombay High Court)

Bombay High Court quashes reassessment notices against Godrej Industries, citing issuance beyond the limitation period. A landmark victory for corporate law....

Bombay HC Quashes Income Tax Reassessment Notice for AY 2013-14 as Time-barred

Amol Ramrao Dahale Vs The Principal, Chief Commissioner, Income Tax, Pune and another (Bombay High Court)

Bombay High Court quashes income tax reassessment notice for Assessment Year 2013-2014 as time-barred. Detailed analysis of the case provided....

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

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....

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Kerala HC refuses to intervene in Income Tax proceeding initiated under Section 148  

St. John The Baptist Church Vs ITO (Kerala High Court)

In a setback for St. John The Baptist Church, Kerala High Court refuses to intervene in proceedings initiated under Section 148 of Income Tax Act. Full analysis here....

Old provisions of section 148 including TOLA cannot be applied to new regime: Calcutta HC

Arati Marketing Pvt. Ltd. Vs Union of India &

Calcutta High Court held that the provisions of old regime of Section 148 of the Income Tax Act (including TOLA) cannot be applied to new regime applicable from 01.04.2021. Accordingly, impugned notices quashed being barred by limitation....

3-Year Limit for Tax Reassessment Notice if concealed income below 50 lakh: Jharkhand HC

Sevensea Vincom Private Limited Vs PCIT (Jharkhand High Court)

Explore the Jharkhand High Court judgment limiting tax reassessment period for concealed income below 50 lakh. Detailed analysis of Sevensea Vincom Pvt Ltd vs PCIT case....

Section 148A(d) Order Bound by Notice Scope under Section 148A(b)

Vasanthi Ramdas Pai Vs ITO (Karnataka High Court)

Explore Karnataka HCs ruling on Section 148A(d) under IT Act in Vasanthi Ramdas Pai Vs ITO. Analysis covers reassessment proceedings, key arguments, and implications....

Kerala HC Quashes Section 148 A(b) Assessment Order for Lack of Opportunity to be Heard

ITO Vs Asamannoor Service Co-Operative Bank Ltd. (Kerala High Court)

Kerala High Court upholds decision quashing IT assessment order under Section 148A(b) for not providing reasonable hearing opportunity....

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