...: "Whether, on the facts and in the circumstances of the case, the notice under Section 148 of the Act, dated September 10, 1971, and served on October 23, 1971, was valid and...operative ?" 2. With respect to the assessment year 1965-66, the Income-tax Officer proposed to reopen the assessment. He issued notice under Section 148 on...Section 148 can be said to have commenced in law only when the notice thereunder is served upon the assessee ; mere issuance of notice does not amount to initiation of the case. On the other hand, the...

...Sessions Court. Relying upon Section 148 NI Act, the Sessions Court granted relief under Section 389 of the Code of Criminal Procedure, 1973 (for short “CrPC”) subject to condition of the appellants...” appearing in Section 148 as “shall”, the relief of suspension of sentence under Section 389 CrPC can be granted only by directing the accused to deposit minimum of 20% of the compensation/fine amount...the appellants that even considering the language used in Section 148 NI Act as amended, the appellate court “may” order the appellant to deposit such sum which shall be a minimum of 20% of the fine...

...appellants herein, original appellant-original accused to deposit 25% of the amount of compensation, in view of the provisions of Amendment Act 20 of 2018 in Section 148 of the Negotiable Instruments Act...389 CrPC for suspension of sentence and releasing them on bail, pending appeal(s).3.2. That considering the provisions of amended Section 148 of the NI Act, which has been...application(s).3.4. It was the case on behalf of the appellants that Section 148 of the NI Act, as amended by Act 20 of 2018, shall not be applicable with respect to criminal...

...was assessed at Rs 69,886. On June 3, 1966, the 1st respondent (Income Tax Officer, Ward ‘A’, Muzaffarpur) issued to the assessee a notice under Section 148 of the Indian Income Tax Act, 1961. The...material portion of that notice reads as follows:“Notice under Section 148 of the Income Tax Act, 1961Income Tax Officer...reads:“No notice shall be issued under Section 148 after the expiry of four years from the end of the relevant assessment year, unless the Commissioner is...

...learned counsel submits that the direction to deposit 25% of the compensation as directed by the trial court could not have been made under Section 148 of the NI Act. Section 148 of the NI Act having...the enforcement of Section 148 of the NI Act. He further submits that non-deposit of 25% of the amount of compensation could not lead to vacation of the order suspending the sentence rather it was open...Section 143-A and Section 148 were inserted in the NI Act by Amendment Act 20 of 2018, hence Section 148 was not attracted in the present case which was only prospective and could have been utilised in...

...heard together and decided by this common order. 3. Challenge in these petitions are to the notice dated 30.06.2021 (Annexure P-1) issued under Section 148 of the Income...Year 2014-15. Subsequent thereto on the basis of some information available initially a scrutiny was done however no concealment was found but again a notice under Section 148 of the Income Tax Act..., 1961 has been issued. It is submitted that on the date i.e. on 30.06.2021 when the notice under Section 148 of the Income Tax Act (hereinafter referred to as “Act of 1961”) is issued, the power to...

...petitions, by which the High Court has allowed the said writ petitions and has quashed several reassessment notices issued by the Revenue, issued under section 148 of the Income Tax Act, 1961, on the...4. At this stage, it is required to be noted that approximately 90,000 such reassessment notices under section 148 of the unamended Income Tax Act were issued...which are as above, the High Courts have taken a similar view and have set aside the respective reassessment notices issued under section 148 on similar grounds.5. The...

...section 148 of the Income-tax Act, 1961 read with section 147, the Assessing Officer does not assess or, as the case may...be, reassess the income which he has reason to believe had escaped assessment and which formed the basis of a notice under section 148, is it open to the Assessing Officer to assess or reassess...section 148.3. Prior to its amendment with effect from April 1, 1989, section 147 provided as follows:“147. Income escaping assessment.—If...

...assessee on April 3, 1970. To the facts of the case. Section 147(b) of the Act applies. The two relevant provisions are in Sections 148 and 149 of the Act which provide...:148. (1) Before making the assessment, reassessment or recomputation under Section 147, the Income Tax Officer shall serve on the assessee a notice containing all or any of the requirements which ma....(emphasis supplied)(2)***149. (1) No notice under Section 148 shall...

...proceeding ahead in pursuance to the intimation dated 21.06.2024 (Annexure P-4) as the initiation of proceedings by Respondent No.3 by issuing Notice under Section 148 dated...28.03.2024 (Annexure P-2) is without jurisdiction as Respondent No.3 could not have issued Notice under Section 148 after the introduction of E-Assessment Faceless Scheme and...also for the reason that no reasoning has been assigned as to why the case of the petitioner is selected for proceedings under Section 148; (ii...

...Act'). In the petition itself the reason for issuing the notice under section 148 has been incorporated. The same reads as under : "Warranty has wrongly been claimed on...ORDER This petition is directed against the notices issued to the petitioner under sections 148 and 143(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the...provision basis in excess of actual payment by Rs. 10,91,854." 2. Notice under section 143(2) has been issued because on certain points in connection with the return of income further...

...Delhi under section 148 of the Income-tax Act, 1961 (hereinafter referred to as “the said Act”), reopening the assessment in respect of assessment year 1998-99. It is also directed against...and verified.”(underlining1 added)3. Thereafter, on March 29, 2004, the impugned notice under section 148 of the said Act was issued by the Assistant Commissioner of Income...to the said notice under section 148 of the said Act. The petitioner also filed a duplicate income-tax return along with copies of all the annexures on April 28, 2004, By the very same letter dated May...

...Section 148 read with Section 147(a) of the Income Tax Act. We are herein concerned with three assessment years, viz., 1961-62, 1963-64 and 1965-66. For the year 1961-62, the notice under Section 148 was...required by sub-section (2) of Section 148 and thereafter issued the aforesaid notices. Soon after receiving the notices, the assessee approached the High Court of Calcutta by way of writ petition, with...the result mentioned above.3. It is well settled by various decisions of this Court that the notice under Section 148 read with Section 147 can be issued only where the...

... iii. Sanction of the specified authority .............................................................. 86 F. Section 148 notices issued in....6 3. Section 1497prescribed the following time limits for issuing a notice under Section 148 for an assessment year... 6 Section 148, Income Tax Act. [It read: "148.(1) Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the asse...

...taken by paying cash. Thereafter, on the basis of the aforesaid information, a notice under Section 148 of the said Act was issued by the Assessing Officer to the assessee, which was allegedly the...beneficiary of the bogus claim of long term capital gain shown on sale/purchase of shares.3. Subsequently, the reasons for issuance of the notice under Section 148 were provided to the...ground with regard to the assumption of jurisdiction on the part of the Assessing Officer under Section 147/148 of the said Act was taken. It is on this additional ground that the Income Tax Appellate...

..., for reopening the assessment for assessment year 1996-97, issued by respondent No. 1, under section 148 of the Income Tax.... 8. The petitioners, thereafter, on 7-11-2002 were served with notice dated 5-11-2002 issued under section 148 of the Act by which respondent No. 1 has stated that he had reason to believe...article 226 of the Constitution of India to challenge notice dated 5-11-2002 issued under section 148 of the Act...

...Tribunal, Jabalpur in the matter of quashing notices issued under section 148 of the Act.3-A search was conducted at the residential and business premises of the assessee on 12.12.2002...section 143(1). However, notice under section 148 was issued by the Assessing Officer on 31.12.2004, on the basis of certain reasons recorded. The assessee objected to the same before the Assessing...Director of Income Tax (MP), reported in [2000] 246 ITR 363, the Commissioner quashed the notice under section 148, of the Act, and the same having been upheld by the Appellate Tribunal, these...

...which was processed under section 143(1)(a) of the Act at the returned income. Vide notice dated 23rd January, 1998 issued under Section 148 of the Act, reassessment proceedings were initiated by the...proceedings were initiated on the basis of opinion of the audit party without forming a reasonable belief under Section 148 of the Act that income of the appellant had escaped taxation; and (iii) The...was justified in issuing notice under section 148 for the proposed reassessment under section 147.”“We accordingly hold that assumption of jurisdiction by initiating reassessment...

...before the Sessions Court. Relying upon Section 148 of the N.I. Act, the Sessions Court granted relief under Section 389 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) subject to.... The High Court proceeded on the footing that, as this Court has interpreted the word “may” appearing in Section 148 as “shall”, the relief of suspension of sentence under Section 389 of the Cr.P.C...language used in Section 148 of the NI Act as amended, the appellate court “may” order the appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the...

...Section 148 of the Income-Tax Act, 1961 (Act, for short) for assessment. The petitioner has impugned these two notices on the ground that the...pre-conditions for issue of notice under Section 148 are not satisfied and, therefore, the Assessing Officer is exceeding his jurisdiction. The petitioner has also impugned the order dated 15 November..., 2010 passed by the Income-Tax Officer, Ward 8(4), New Delhi rejecting their objections to initiation of proceedings under Section 148 of the Act. The said order was passed as the assessee had filed...