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“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

Vidyasagar Institute of Technical Studies, Bhubaneswa vs. Exemption Ward, Bbn, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 135/CTK/2026[2013-14]Status: DisposedITAT Cuttack25 Feb 2026AY 2013-14

Bench: Shri George Mathan & Shri Madhusudan Sawdiaआयकर अपील सं/Ita No.135/Ctk/2026 ("नधा"रण वष" / Assessment Year : 2013-2014) Vs Exemption Ward, Bbn/Nfac, Delhi Vidyasagar Institute Of Technical Studies, Plot No.Hig-13, Jayadev Vihar, Bhubaneswar, Odisha-751030 Pan No. :Aabtv 0349 N (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri Jagmohan Pattnaik & Shri Biswaraj Roul, Ars राज"व क" ओर से /Revenue By : Shri Sanjib Banerjee, Sr.Dr सुनवाई क" तार"ख / Date Of Hearing : 25/02/2026 घोषणा क" तार"ख/Date Of Pronouncement : 25/02/2026 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Dated 20.06.2025 For The Assessment Year 2013-2014. 2. At The Outset, Ld. Ar Submitted That The Solitary Issue Involved In The Appeal Of The Assessee Is Regarding The Validity Of Issue Of Notice U/S.148 Of The Act. Ld. Ar Further Submitted That The Notice Issued By The Ld. Ao U/S.148 Of The Act Is Barred By Limitation And, Therefore, Invalid In Law. Inviting Attention To The Copy Of The Notice Issued U/S.148 Of The Act Placed At Page No.64 & 65 Of The Paper Book, The Ld. Ar Submitted That The Relevant Assessment Year Involved Is A.Y.2013-2014. It Was Submitted That The Impugned Notice U/S.148 Of The Act Has Been Issued On 30.06.2022, Which Is Beyond Six Years From The End Of The Relevant Assessment. The Ld. Ar

For Appellant: Shri Jagmohan Pattnaik & Shri BiswarajFor Respondent: Shri Sanjib Banerjee, Sr.DR
Section 147Section 148Section 149

relevant assessment year. Therefore, the impugned notice u/s.148 of the Act dated 30.06.2022 is clearly time barred. It was further submitted that since the reassessment proceedings are founded on invalid notice, the entire assessment order passed by the ld. AO is liable to be quashed. Accordingly, ld. AR prayed that ... regarding non-compliance by the assessee cannot cure a jurisdictional defect arising from the issuance of time barred notice. It is well settled that reassessment proceedings initiated on the basis of notice issued beyond the period of limitation is void ab initio and liable to be quashed. Since the main

Abc Gold Palace, Tiruvarur vs. ITO, Central Circle-3(3), Chennai

ITA 2463/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Feb 2026AY 2020-21

Bench: Shri George George K & Shri Inturi Rama Raoआयकर अपील सं./Ita Nos.: 2460, 2461, 2462 & 2463/Chny/2025 निर्धारण वर्ष/Assessment Years: 2017-18, 2018-19, 2019-20 & 2020-21 M/S. Abc Gold Palace, 14-A, Mela Veethi, Thiruthuraipoondi, Tiruvarur – 614 713. Pan: Aanfa 5950Eе (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement The Deputy Commissioner Vs. Of Income Tax, Central Circle 3(3), Chennai (प्रत्यर्थी/Respondent) : Dr. Abhishek Murali, Ca (Through Virtual Mode) : Shri Shiva Srinivas, Cit : 25.02.2026 : 25.02.2026 आदेश/ Order Per Bench: These Appeals Filed By The Assessee Are Directed Against Four Different Orders Of Commissioner Of Income Tax (Appeals), Chennai-20, All Dated 26.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act'). The Relevant

Section 132Section 132ASection 148Section 153CSection 153C(1)Section 153C(3)Section 250Section 3

आयकर अपीलीय अधिकरण, 'बी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, CHENNAI श्री जॉर्ज जॉर्ज के, उपाध्यक्ष