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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

Deputy Commissioner of Incometax, Chennai vs. Cholamandalam Ms General Insurance Company Limited, Chennai

ITA 1488/CHNY/2024[2011-12]Status: DisposedITAT Chennai19 Mar 2025AY 2011-12

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1279/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 M/S. Cholamandalam Ms General- V. The Dcit, Insurance Co. Ltd., Non Corporate Circle-8, Dare House, 2Nd Floor, Chennai. No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1338/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 The Dcit, Non Corporate Circle-8, Chennai. V. M/S. Cholamandalam Ms General Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) आयकर अपील सं./Ita No.1280/Chny/2024 निर्धारण वर्ष/Assessment Year: 2009-10 M/S. Cholamandalam Ms General- Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) V. The Dcit, Non Corporate Circle-8, Chennai. (प्रत्यर्थी/Respondent)

Section 115J

appeals for AY 2008-09. 3. Grounds of appeal raised by the assessee are as under:- Part A-Issues on Jurisdiction Issue 1-Reopening of assessment 1. The Learned CIT(A) has erred in confirming the reassessment which is without jurisdiction and time barred since the same was initiated after ... thereby acting against the well settled law that change of opinion cannot be a basis of reassessment: i) The Learned AO erred in reopening the assessment though the information pertaining to IBNR/ IBNER was available in the financials submitted in the course of original assessment ii) The Learned AO erred

Deputy Commissioner of Incometax, Chennai vs. Cholamandalam Ms General Insurance Company Limited, Chennai

ITA 1338/CHNY/2024[2008-09]Status: DisposedITAT Chennai19 Mar 2025AY 2008-09

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1279/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 M/S. Cholamandalam Ms General- V. The Dcit, Insurance Co. Ltd., Non Corporate Circle-8, Dare House, 2Nd Floor, Chennai. No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1338/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 The Dcit, Non Corporate Circle-8, Chennai. V. M/S. Cholamandalam Ms General Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1280/Chny/2024 निर्धारण वर्ष/Assessment Year: 2009-10 M/S. Cholamandalam Ms General- Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) V. The Dcit, Non Corporate Circle-8, Chennai. (प्रत्यर्थी/Respondent)

Section 115J

appeals for AY 2008-09. 3. Grounds of appeal raised by the assessee are as under:- Part A-Issues on Jurisdiction Issue 1-Reopening of assessment 1. The Learned CIT(A) has erred in confirming the reassessment which is without jurisdiction and time barred since the same was initiated after ... thereby acting against the well settled law that change of opinion cannot be a basis of reassessment: i) The Learned AO erred in reopening the assessment though the information pertaining to IBNR/ IBNER was available in the financials submitted in the course of original assessment ii) The Learned AO erred

Cholamandalam Ms General Insurance Company Limited, Chennai vs. DCIT, Non Corp Circle 8, Chennai

ITA 1281/CHNY/2024[2011-12]Status: DisposedITAT Chennai19 Mar 2025AY 2011-12

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1279/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 M/S. Cholamandalam Ms General- V. The Dcit, Insurance Co. Ltd., Non Corporate Circle-8, Dare House, 2Nd Floor, Chennai. No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1338/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 The Dcit, Non Corporate Circle-8, Chennai. V. M/S. Cholamandalam Ms General Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1280/Chny/2024 निर्धारण वर्ष/Assessment Year: 2009-10 M/S. Cholamandalam Ms General- Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) V. The Dcit, Non Corporate Circle-8, Chennai. (प्रत्यर्थी/Respondent)

Section 115J

appeals for AY 2008-09. 3. Grounds of appeal raised by the assessee are as under:- Part A-Issues on Jurisdiction Issue 1-Reopening of assessment 1. The Learned CIT(A) has erred in confirming the reassessment which is without jurisdiction and time barred since the same was initiated after ... thereby acting against the well settled law that change of opinion cannot be a basis of reassessment: i) The Learned AO erred in reopening the assessment though the information pertaining to IBNR / IBNER was available in the financials submitted in the course of original assessment ii) The Learned AO erred

Cholamandalam Ms General Insurance Company Limited, Chennai vs. DCIT, Non Corp Circle 8, Chennai

ITA 1279/CHNY/2024[2008-09]Status: DisposedITAT Chennai19 Mar 2025AY 2008-09

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1279/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 M/S. Cholamandalam Ms General- Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) V. The Dcit, Non Corporate Circle-8, Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1338/Chny/2024 निर्धारण वर्ष/Assessment Year: 2008-09 The Dcit, Non Corporate Circle-8, Chennai. V. M/S. Cholamandalam Ms General Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) आयकर अपील सं./Ita No.1280/Chny/2024 निर्धारण वर्ष/Assessment Year: 2009-10 M/S. Cholamandalam Ms General- Insurance Co. Ltd., Dare House, 2Nd Floor, No.2, N.S.C. Bose Road, Chennai-600 001. [Pan: Aabcc 6633 K] (अपीलार्थी/Appellant) V. The Dcit, Non Corporate Circle-8, Chennai. (प्रत्यर्थी/Respondent)

Section 115J

appeals for AY 2008-09. 3. Grounds of appeal raised by the assessee are as under:- Part A-Issues on Jurisdiction Issue 1-Reopening of assessment 1. The Learned CIT(A) has erred in confirming the reassessment which is without jurisdiction and time barred since the same was initiated after ... thereby acting against the well settled law that change of opinion cannot be a basis of reassessment: i) The Learned AO erred in reopening the assessment though the information pertaining to IBNR/ IBNER was available in the financials submitted in the course of original assessment ii) The Learned AO erred