“reassessment proceedings”

ReassessmentSections 147-151Sections 147-1518,150 judgments

The decision most relied on for reassessment proceedings is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on reassessment proceedings

CIT v. Kelvinator of India Ltd.

320 ITR 561 · 2010 · Supreme Court

1,673

citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

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.

ITO v. Lakhmani Mewal Das

103 ITR 437 · 1976 · Supreme Court

721

citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

Hindustan Lever Ltd. v. R.B. Wadkar

268 ITR 332 · 2004 · High Court

695

citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

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.

Ranbaxy Laboratories Ltd. v. CIT

336 ITR 136 · 2011 · High Court

398

citing judgments

In reassessment proceedings under Section 147/148, the Assessing Officer can assess other income not specified in the original notice if the initial ground for reopening assessment is found to be valid. However, if the income for which the assessment was initially reopened is found not to have escaped assessment, the Assessing Officer cannot proceed to assess any other income.

Judgments citing reassessment proceedings

Nks Holdings P.Ltd, New Delhi vs. ACIT, Central Circle-32, New Delhi

ITA 6690/DEL/2018[2011-12]Status: DisposedITAT Delhi24 Sept 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Amitabh Shuklaassessment Year: 2011-12 Nks Holdings Pvt. Ltd., Vs Acit, 3198/15, 4Th Floor, Gali No.1, Central Circle-32, Sangatrashan, New Delhi. Paharganj, New Delhi – 110 055. Pan: Aakcs7827C (Appellant) (Respondent) Assessee By : Shri Amol Sinha, Advocate & Shri Ankit Kumar, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 28.07.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 10.08.2018 Of The Commissioner Of Income-Tax (Appeals)-30, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.317/17-18/2980 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2017 Passed U/S 144/147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-32, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Amol Sinha, Advocate &For Respondent: Ms Rajinder Kaur, CIT-DR

Section 143(1)Section 143(2)Section 144Section 147Section 148Section 68

circumstances of the case, as well as in law the reopening of the assessment is invalid and untenable in law, which results the whole reassessment proceedings ab initio void.” 4. We find that this issue was taken up by the ld.CIT(A) by reproducing on pages ... other eight companies. In one company i.e. Carewell Exim Pvt. Ltd. From whom the assessee had received share capital and share premium no reassessment proceedings have been initiated. In the other two of the remaining seven companies i.e. KDG Properties & Construction Pvt. Ltd. and Utsav Securities Pvt. Ltd. proceedings initiated

Manoj Kumar Sahu, Durg vs. ITO, Ward-2(1), Bhilai, Durg

In the result, appeal of the assessee is allowed

ITA 475/RPR/2025[2013-14]Status: DisposedITAT Raipur23 Sept 2025AY 2013-14

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.475/Rpr/2025 "नधा"रण वष" /Assessment Year : 2013-14 Manoj Kumar Sahu 151, Village: Rajpur, Tehsil: Dhamdha, Dist. Durg-491 331 (C.G.) Pan: Eomps2921J .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-2(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri Yogesh Sethia, CAFor Respondent: Dr. Priyanka Patel, Sr. DR

Section 143(2)Section 143(3)Section 151Section 282A(1)

Ward-2(1), Bhilai with the similar issue and held that issuance of notice u/s. 143(2) of the Act is mandatory in reassessment proceedings u/s. 147 of the Act. 12. Considering the facts and circumstances in this case and as per the aforesaid judicial pronouncements a/w. relevant provisions

Assistant Commissioner of Income Tax, Central Circle-3, Surat vs. Shrinidhi Enterprize, Surat

In the result, both the appeals of the Revenue are, hereby, dismissed

ITA 914/SRT/2024[2015-16]Status: DisposedITAT Surat23 Sept 2025AY 2015-16

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita Nos.914/Srt/2024 & 797/Srt/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 The Acit Shrinidhi Enterprize Central Circle-3 बनाम/ 6/1862, 63, Ground Floor Surat Ghanshyam Bhuvan V/S. Bali Sheri, Mahidharpura Surat – 395 003 "थायी लेखा सं./Pan:Acbfs 6484 R (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri Ravi Kant Gupta, Cit(Dr) Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/08/2025 घोषणा की तारीख /Date Of Pronouncement: 23/09/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ravi Kant Gupta, CIT(DR)

Section 139(1)Section 143(3)Section 147Section 44A

managing financial affairs of about 873 persons/entities, which included parties with whom the assessee had transactions for labour work contracts. 3. During the reassessment proceedings, the Assessing Officer (AO) observed that during the search and survey of Sadhani Brothers’ premises, various incriminating documents and evidence linking the assessee with accommodation ... assessee as a beneficiary, and affidavits were similarly worded without evidence. Further that no opportunity to cross-examine the parties was provided during reassessment proceedings. ITA Nos.914 & 797/SRT/2024 ACIT vs. Shrinidhi Enterprize Asst. Years : 2015-16 & 2016-17 6 5.2. The CIT(A), after considering the submissions made

Assistant Commissioner of Income Tax, Central Circle-3, Surat vs. Shrinidhi Enterprize, Surat

In the result, both the appeals of the Revenue are, hereby, dismissed

ITA 797/SRT/2024[2016-17]Status: DisposedITAT Surat23 Sept 2025AY 2016-17

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ravi Kant Gupta, CIT(DR)

Section 139(1)Section 143(3)Section 147Section 44A

Vashisht Alloys, Nahan vs. Deputy Commissioner of Income Tax, Circle, Yamuna Nagar

The appeal stand allowed in terms of our above order

ITA 1003/CHANDI/2025[2010-11]Status: DisposedITAT Chandigarh23 Sept 2025AY 2010-11

Bench: SHRI RAJPAL YADAV (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

For Appellant: Shri Ashwani Kumar (CA) a/w Ms. DeepaliFor Respondent: Dr. Ranjit Kaur (Addl.CIT) – Ld. Sr. DR

Section 133(6)Section 143(3)Section 148Section 80

would render the reopening invalid as it reflected merely a ‘reason to suspect’ rather than ‘reasons to belief’. Therefore, we would hold that reassessment proceedings had no underlying material leading to formation of belief of escapement of income. This being so, the assessment is liable to be quashed. We order

Rajnibhai Bhogilal Desai, Kheda vs. The ITO, Ward-5, Nadiad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 533/AHD/2025[2002-03]Status: DisposedITAT Ahmedabad23 Sept 2025AY 2002-03

Bench: DR. BRR Kumar (Vice President), Shri Siddhartha Nautiyal (Judicial Member)

Section 143(3)Section 147Section 148

were made based on the seized data showing unaccounted transactions. 4. In appeal before Ld. CIT(A), initially, the CIT(A), Ahmedabad quashed the reassessment proceedings and annulled the assessment order. However, the matter was carried in appeal by the Department before ITAT. Although the ITAT upheld ... Merits: I.T.A No. 533/Ahd/2025 A.Y. 2002-03 6 Rajnibhai Bhogilal Desai vs. ITO 7. Before us, the counsel for the assessee submitted that the reassessment proceedings initiated by the Assessing Officer are fundamentally defective, as they were carried out in complete disregard of the applicable legal framework governing search assessments

Deputy Commissioner of Income Tax, Nungambakkam vs. Sathyabama Ramachandran, Alwarthirunagar

The appeal of the revenue is dismissed

ITA 821/CHNY/2025[2017-18]Status: DisposedITAT Chennai23 Sept 2025AY 2017-18

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)

For Appellant: Shri A. Raghava Simhan, C.AFor Respondent: Ms. Gouthami Manivasam, JCIT

Section 147Section 148

amount to the income of the assessee, considering it as "Goodwill" receipt, which is included in the income from "Other Sources." 5. During the reassessment proceedings, the assessee contended that this sum was received for the reduction in the profit-sharing ratio and not as goodwill, and hence, should ... goodwill and, therefore, should not be included in the assessee’s total income. 8. On further appeal before us, the assessee also highlighted that reassessment proceedings were initiated in the case of other partners of CRCL, with similar issues being raised by the AO. The assessee mentioned that the other

Active -Z Systems India Private Limited, Delhi vs. Income Tax Officer, Ward 1(1), Delhi

ITA 5050/DEL/2025[2010-11]Status: DisposedITAT Delhi23 Sept 2025AY 2010-11

Bench: Sh. Satbeer Singh Godara

For Appellant: Sh. Suresh Gupta, CAFor Respondent: Sh. Manoj Kumar, Sr. DR

Section 147Section 151

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `SMC', NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member ITA No

Avon Containners Pvt. Ltd., Faridabad vs. ACIT, Circle-1, Faridabad

In the result, the appeal of the assessee is allowed as above

ITA 5161/DEL/2024[2012-13]Status: DisposedITAT Delhi23 Sept 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 143(3)Section 147Section 148Section 151

assessee received share capital of Rs.30,00,000/- each from both the companies. Indeed it is "Borrowed Satisfaction", since later on during the reassessment proceedings Ld. A.O himself accepted that there is only one company (i.e., M/s Rising Portfolio India Pvt. Ltd.) and other company (i.e. M/s To Cloud ... three ingredients of section 68 (identity, credit worthiness and genuineness) during the assessment proceedings u/s 143(3) of the Act as well as reassessment proceedings u/s 147 of the Act, deserves to be deleted. 11. That on the facts and in the circumstances of the case

Inderjit Kaur, Nakodar vs. Income Tax Officer, Ward, Nakodar

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 413/ASR/2024[2016-77]Status: DisposedITAT Amritsar22 Sept 2025AY 2016-77

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: None (Written submission)

Section 139Section 139(1)Section 144Section 148Section 250

Rs.9,16,995/-, being the income derived from surrender policy of Bajaj Allianz Life Insurance Co. Ltd. 4. However, it is seen that the reassessment proceedings has been commenced by the AO on 31.03.2021 by issue of notice u/s 148 recording the same issue and in absence of any response

Manoj Kumar Sahu, Durg vs. ITO, Ward-2(1), Bhilai

In the result, appeal of the assessee is partly allowed

ITA 474/RPR/2025[2013-14]Status: DisposedITAT Raipur22 Sept 2025AY 2013-14

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.474/Rpr/2025 "नधा"रण वष" /Assessment Year : 2013-14 Manoj Kumar Sahu 151, Village: Rajpur, Tehsil: Dhamdha, Dist. Durg-491 331 (C.G.) Pan: Eomps2921J

For Appellant: Shri S.R. Rao, AdvocateFor Respondent: Dr. Priyanka Patel, Sr. DR

Section 148Section 151Section 282A(1)

Income Tax Officer, Mohali Punjab vs. Taj Land Developefrs and Promoters Private Limited, Sector Mohali Punjab

In the result, appeal is dismissed

ITA 606/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh22 Sept 2025AY 2011-12

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwal

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR

Section 1Section 139Section 147Section 148Section 151

under:- "7. We have heard both the parties. We find merit in the contention of the Id. counsel for the assessee that the reassessment proceedings undertaken by the AO in the present case were invalid since the reasons recording his satisfaction of escapement of income were based on incorrect facts ... Amritsar in the case of Gaurav Joshi (Supra) and wherein it has been held as under: "9. Adverting to the question referred regarding the reassessment proceedings, we are of the view that the Tribunal was right in cancelling the reassessment as both the grounds on which reassessment notice was issued

Late Sh. Lakha Singh Through Legal Heir Hira Singh Dera Pyara Singh Barna Thanesar Kurukshetra, Kurukshetra vs. The Income Tax Officer Ward-1 Aaykar Bhawan, Near Community Hall Sector-5, Kurukshetra Haryana, Kurukshetra

In the result, appeal of the Assessee is allowed for statistical purposes

ITA 1151/CHANDI/2024[2012-2013]Status: DisposedITAT Chandigarh22 Sept 2025AY 2012-2013

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. MANOJ KUMAR AGGARWAL (Accountant Member)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR

Section 142(1)Section 144Section 148

also strongly urged that apart from factual additions, legal grounds such as non-service of notice u/s 148 and validity of reassessment proceedings were raised before the CIT(A), but these were not adjudicated at all. It was prayed that the matter be restored for fresh adjudication with directions ... effective opportunity to the assessee/legal heir. 8.3 Further, we also note that the assessee had raised legal grounds touching upon the validity of the reassessment proceedings and the service of statutory notice. These legal grounds go to the very root of the assessment proceedings and therefore deserved a specific adjudication

Yashodhan Shanti Realtors, Mumbai vs. ACIT, Central Circle 2(3), Mumbai

The appeal of the assessee is allowed

ITA 4159/MUM/2025[2013-14]Status: DisposedITAT Mumbai22 Sept 2025AY 2013-14

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Appellant: Shri Subodh Ratnaparkhi, ARFor Respondent: Shri Swapnil Choudhary, Sr. DR

Section 143(3)Section 147Section 148Section 151(1)Section 250Section 68

details called for through notice under section 142(1) it is clear that the AO reopened the assessment on a different ground whereas the reassessment proceedings are conducted by calling for details completely different from the reason to believe. Accordingly we are convinced with the argument

Jayantilal Rajmal Seth, Mumbai vs. DCIT-CC-4(3), Mumbai

ITA 3260/MUM/2025[2018-19]Status: DisposedITAT Mumbai22 Sept 2025AY 2018-19

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2018-19 Jayantilal Rajmal Seth, Dcit-Cc-4(3), A-3, Saibaba Shopping Centre, Bkc, Mumbai-400051. Mumbai Central, Vs. Mumbai-400008. Pan No. Agepj 0499 E Appellant Respondent

For Appellant: Mr. Vivek Perampurna, CIT-DRFor Respondent: Mr. Jayant Bhat

Section 139(5)Section 148Section 263

undisputed position that during the reassessment It is an undisputed position that during the reassessment It is an undisputed position that during the reassessment proceedings, the Assessing Officer issued notices under section proceedings, the Assessing Officer issued notices under section proceedings, the Assessing Officer issued notices under section Jayantilal Rajmal ... reassessment its Ld. Counsel, has challenged the very validity of the reassessment its Ld. Counsel, has challenged the very validity of the reassessment proceedings undertaken under section 147 of the Act, contending ceedings undertaken under section 147 of the Act, contending ceedings undertaken under section 147 of the Act, contending

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2112/MUM/2025[2013-14]Status: DisposedITAT Mumbai22 Sept 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR

Section 10ASection 143(3)Section 147Section 35(1)(ii)

under: 1. Whether, on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in quashing the reassessment proceedings under Section 147 of the Income Tax Act by concluding that the reopening was based on a mere change of opinion, without duly appreciating ... under: 1. Whether, on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in quashing the reassessment proceedings under Section 147 of the Income Tax Act by concluding that the reopening was based on a mere change of opinion, without duly appreciating

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2111/MUM/2025[2012-13]Status: DisposedITAT Mumbai22 Sept 2025AY 2012-13

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR

Section 10ASection 143(3)Section 147Section 35(1)(ii)

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2110/MUM/2025[2011-12]Status: DisposedITAT Mumbai22 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR

Section 10ASection 143(3)Section 147Section 35(1)(ii)

Mr. Jatin Harish Sotta, Mumbai vs. Income Tax Officer Ward 26(1)(7), Mumbai

In the result, the appeal of the assessee is partly allowed for result, the appeal of the assessee is partly allowed for result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1916/MUM/2025[2012-13]Status: DisposedITAT Mumbai22 Sept 2025AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2012-13 Mr. Jatin Harish Sotta, Ito Ward 26(1)(7), A-16, Ajanta Apartment, C-41 To C-43, G Block, Bkc, Murar Road, Mulund West, Vs. Bandra (East), Mumbai-400080. Mumbai-400051. Pan No. Aqfps 6009 N Appellant Respondent

For Appellant: Ms. Kavita Kaushik, Sr. DRFor Respondent: Mr. Nimesh Chothani, CA

Section 144Section 147Section 69A

assessee and uphold the reassessment Ld. counsel for the assessee and uphold the reassessment Ld. counsel for the assessee and uphold the reassessment proceedings. 8. As far as addition on merit is concerned, As far as addition on merit is concerned, the Ld. counsel for the Ld. counsel ... reassessment The Ld. counsel for the assessee also referred to the reassessment The Ld. counsel for the assessee also referred to the reassessment proceedings of subsequent assessment year 2013 of subsequent assessment year 2013-14 in respect of 14 in respect of similar deposit made in the subsequent assessment year

Vipendra Ravindra Mandal, Thane vs. Income Tax Officer- Ward 22(3)(6), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1819/MUM/2025[2016-2017]Status: DisposedITAT Mumbai22 Sept 2025AY 2016-2017

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17 Vipendra Ravindra Mandal, Ito Ward 22(3)(6), 405, Orchid Wing-F Lodha Crown, Piramal Chamber, Taloja Bypass Road, Kohni B.O. Vs. Mumbai-400012. Khoni, Thane-421204. Pan No. Alepm 8472 H Appellant Respondent

For Appellant: Mr. V.P. KothariFor Respondent: Mr. Bhagirath Ramawat, Sr. DR

Section 148Section 148ASection 149(1)(A)Section 54

representation during the proceedings proceedings proceedings under under under section section 148A. section 148A. 148A. During During During the the reassessment the reassessment reassessment proceedings, the assessee categorically explained that the net proceedings, the assessee categorically explained that the net proceedings, the assessee categorically explained that the net income likely ... notice under section 148 of the Act could have been issued. notice under section 148 of the Act could have been issued. Accordingly, the reassessment proceedings initiated in the case of ssessment proceedings initiated in the case of ssessment proceedings initiated in the case of the assessee are held