#Section 148 IT Act

ITAT Delhi quashed reassessment proceedings under Section 147/148 of the Income Tax Act, ruling that additions beyond the recorded reasons for reopening are invalid. The tribunal relied on the precedent that jurisdictional validity collapses if the foundational reason for reassessment fails, reinforcing strict adherence to jurisdictional limits in tax proceedings.

The ITAT Agra holds that a reassessment notice under Section 148 issued against a partnership firm that has been legally dissolved is void ab initio, as the entity no longer exists to be assessed. This ruling protects successors and former partners from post-dissolution tax liability based on non-existent legal persons, reinforcing that tax jurisdiction requires a living legal entity.

The Delhi ITAT has ruled that a reassessment notice under Section 148 is legally void if the assessing officer fails to obtain mandatory prior approval under Section 151, reinforcing procedural safeguards for taxpayers. This decision impacts all reassessment proceedings initiated after search and survey actions, requiring strict compliance with approval protocols to avoid nullification.

ITAT Delhi has ruled that reassessment notices issued under Section 148 after 1 April 2021 for assessment years prior to 2017-18 are time-barred if the original assessment was never completed under Section 143(3), reinforcing that the amended limitation period applies retroactively to protect taxpayers from stale reassessments. This decision impacts thousands of pending cases where notices were issued based on old procedural norms.

ITAT Delhi quashes reassessment proceedings where the Section 148 notice was generated on the ITBA portal before 31.03.2021 but dispatched post-deadline, reinforcing that mere portal generation is insufficient without actual dispatch. The ruling sets a critical precedent for procedural compliance in reassessment cases under the pre-2021 regime, impacting taxpayers and revenue authorities alike.

ITAT Delhi quashes reassessment notices for AYs 2013-14 and 2014-15, ruling that notices issued under the old Section 148 provisions after 31.03.2021 are time-barred. The Tribunal relied on the Supreme Court’s decision in Union of India v. Rajeev Bansal, reinforcing strict compliance with limitation periods in tax reassessment proceedings.

ITAT Kolkata rules that reassessment under Section 148 of the IT Act is invalid if the notice is issued before formal communication of sanction under Section 151. The ruling reinforces strict procedural compliance, impacting tax authorities and assessees in reopening cases.

ITAT Kolkata ruled that reopening an assessment under Section 148 of the Income Tax Act without independent application of mind or corroborative evidence is void. The tribunal quashed the reassessment, emphasizing that reliance on a third-party report without verification breaches principles of natural justice, setting a precedent for taxpayers facing mechanical reassessment proceedings.

ITAT Nagpur rules that a reassessment notice under Section 148 of the Income Tax Act must bear a manual or digital signature to be valid. The absence of such signature renders the notice void ab initio, stripping the Assessing Officer of jurisdiction to proceed, and this defect cannot be cured under Sections 292B or 292BB. The ruling reinforces strict compliance with statutory mandates under Section 282A, impacting all pending and future reassessment proceedings.

ITAT Agra quashed reassessment notices issued on 30.07.2022 for AYs 2013-14 and 2014-15, holding that the notices exceeded the limitation period under Section 148 of the IT Act post the Supreme Court's decision in Rajeev Bansal. The tribunal ruled that the legal fiction expiry bars reassessment notices issued beyond the prescribed timeline, reinforcing the binding precedent on tax authorities.

Karnataka High Court quashed an ex-parte income tax assessment order under Section 148 IT Act, ruling that written submissions by the assessee constitute participation and mandate a final opportunity to file returns before final adjudication. The judgment reinforces that natural justice principles apply even in faceless assessment proceedings, protecting taxpayers from procedural unfairness.

ITAT Rajkot rules that reassessment notices under Section 148 of the IT Act are invalid if the escaped income falls below the ₹50 lakh threshold mandated by Section 149(1)(b). The tribunal also held that notices issued beyond the surviving limitation period under TOLA are time-barred, reinforcing procedural compliance as a jurisdictional prerequisite. This ruling impacts taxpayers facing reassessment for AY 2016-17 and beyond, setting a precedent for threshold-based jurisdictional challenges.

ITAT Ahmedabad rules that reassessment notices issued under Section 148 of the Income Tax Act beyond the prescribed limitation period are jurisdictionally defective and void. The decision reinforces strict compliance with procedural timelines, protecting assessees from belated tax scrutiny without valid grounds.