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“reopening of assessment”

ReassessmentSections 147-151Sections 147-1514,262 judgments

The decision most relied on for reopening of assessment is GKN Driveshafts (India) Ltd. v. ITO (259 ITR 19), cited in 1,349 judgments on BharatTax.

Leading authorities on reopening of assessment

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

Judgments citing reopening of assessment

Bhawani Castings Private Limited, Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, appeal of assessee is allowed

ITA 1362/DEL/2024[2018-19]Status: DisposedITAT Delhi19 Nov 2024AY 2018-19

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.1362/िद"ी/2024 (िन.व. 2018-19) Bhawani Castings P. Ltd., Kn/F-1, Gali No. 10, Anand Parbat, ...... अपीलाथ"/Appellant Industrial Area, Delhi 110005 Pan: Aaacb-4622-Q बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 4(2), C.R Building, New Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Ashwani Kumar & Ankur Agarwal, Chartered Accountants "ितवादी"ारा/Respondent By : Ms. Kirti Sankratyayan, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 21.02.2024, For Assessment Year 2018-19. 2. The Assessee Has Challenged The Order Of Cit(A) On Following Grounds:

For Appellant: S/Shri Ashwani Kumar &For Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 147Section 148ASection 250

rival sides and have examined the orders of the authorities below. The assessee in ground number one of appeal has assailed validity of reopening of assessment. A perusal of reasons for reopening conveyed to the assessee alongwith notice u/s 148A(b) of the Act dated 17/3/2022 show that a search ... reopening conveyed to the assessee. In the reasons recorded for reopening there is no mention of M/s. G.S. Industries. In the reasons for reopening the Assessing Officer has alleged that Deepak Sharma provided accommodation entries through two bogus concerns M/s. Mahinderpal & Sons & M/s. Jai Bhola Traders and the assessee