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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

The ACIT, Circle-5, Ahmedabad vs. M/S. Jubilee Tradelink Pvt. Ltd., Ahmedabad

In the result, the appeal of the Department is dismissed

ITA 806/AHD/2016[2008-09]Status: DisposedITAT Ahmedabad29 May 2024AY 2008-09

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyalिनधा"रणवष"/Assessment Year: 2008-09 Vs. M/S. Jubilee Tradelink Pvt. Ltd., The Acit, 9B, Bansidhar Apartments, Circle-5, Gyanganga Classes, Ahmedabad Jawaharnagar, Vasna, Ahmedabad Pan : Aabcj 0614 P अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Shri Parin Shah, Ar Revenue By : Shri Ravindra, Sr Dr तारीख/Date Of Hearing : 08.05.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 29.05.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश Per Siddhartha Nautiyal: This Appeal Has Been Filed By The Department Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-9, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 05.01.2016, Passed Under Section 250(6) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2008-09. 2. The Department Has Taken The Following Grounds Of Appeal:- “1. The Ld. Cit(A) Has Erred In Law & On Facts In Holding The Reassessment Proceedings As Void. 2. The Ld. Cit(A) Has Erred In Law & On Facts By Not Appreciating That The Assessment Was Reopened Within Four Years From The Relevant Assessment Year & The Issue Decided In Reassessment Proceedings Was Not Dealt With During Original Assessment Proceedings..

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Shri Ravindra, Sr DR
Section 147Section 250(6)

these documents the then A.O. has accepted the short term capital loss of Rs. 30,10,000/-. Accordingly, Ld. CIT(A) quashed the reopening of assessment, with the following observations:- “5.7 I fully agree with the contention of the appellant and its reliance on the judgment of CIT vs Kelvinator ... considered view that the assessment proceedings have been reopened due to change of opinion. Therefore, the action of the A.O to reopen the assessment proceedings on the basis of change of opinion is not justified and is void in the eyes of law. Hence, the grounds of appeal no.1

M/S. Bengal Tiger Line Pte Ltd, Singapore vs. DCIT, Intl Tax 1(1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 1419/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 May 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Ragunatha, Hon’Bleआयकर अपील सं./Ita No.: 1419/Chny/2023 िनधा"रण वष" / Assessment Year: 2018-19 M/S. Bengal Tiger Line Pte Ltd., Deputy Commissioner Of 200, Cantonment Road, V. Income Tax, 13 01, South Point, International Taxation -1(1), Singapore. No. 16, Greams Road, [Pan: Aadcb-6864-F] Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. S.P. Chidambaram, Advocate अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 16.04.2024 घोषणा क" तारीख/Date Of Pronouncement : 29.05.2024

For Respondent: Shri. D. Hema Bhupal, JCIT
Section 133Section 143(2)Section 144C(5)Section 147Section 148Section 148ASection 44B

Panel-2, Bengaluru (DRP) u/s. 144C(5) dated 08.11.2023. :-2-: ITA. No: 1419/Chny/2023 2. The assessee raised the following grounds of appeal: 1. reopening of assessment u/s. 147 of the Act as invalid 2. documentation charges and vessel handling charges amounting to Rs.71,58,829/- cannot be assessed as income ... Counsel for the assessee assailed the order of the AO and filed a paper book consisting of 467 pages. As far as the reopening of assessment ground is concerned, he asserted that the ‘documentation and vessel handling charges’ had already been offered to tax by the Indian subsidiary (M/s. Bengal

Shubh Resources Pvt. Ltd., New Delhi vs. ITO Ward 23(3), New Delhi

In the result, impugned order is set aside and appeal of assessee is allowed for statistical purposes

ITA 2229/DEL/2023[2011-12]Status: DisposedITAT Delhi28 May 2024AY 2011-12

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.2229/िद"ी/2023 (िन.व. 2011-12) M/S Shubh Resources P. Ltd., C-394, Saraswati Vihar, Pitampura, New Delhi 110034 ...... अपीलाथ"/Appellant Pan: Aajcs-6389-Q बनाम Vs. Income Tax Officer, Ward 23(3), New Delhi ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Abhinav Jain, Advocate "ितवादी"ारा/Respondent By : Shri Dharm Veer Singh, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 23/04/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 28/05/2024 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 [In Short ‘The Cit(A)’] Dated 27.06.2023, For The Assessment Year 2011-12. 2. The Assessee Has Raised Multiple Grounds Of Appeal Inter Alia Challenging Validity Of Reassessment Proceedings U/S. 147 R.W.S 148 Of The Income Tax Act, 1961 [In Short ‘The Act’].

For Appellant: Shri Abhinav Jain, AdvocateFor Respondent: Shri Dharm Veer Singh, CIT(DR)
Section 147

appearing on behalf of the assessee submitted at the outset that he is not pressing ground no. 3 of appeal challenging validity of reopening of assessment. He submitted that short prayer of the assessee is that the AO and the CIT(A) have failed to consider the documents furnished