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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

ACIT, Central Cirlce-1(4), Mumbai vs. Podar Education and Sports Trust, Bangalore

In the result, appeals of the Revenue are dismissed

ITA 4003/MUM/2025[2020-21]Status: DisposedITAT Mumbai31 Jul 2025AY 2020-21

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 11Section 12Section 12ASection 139(1)Section 143(3)Section 147Section 148

declaring total income at ‘Nil’. 5. In A.Y. 2019–20, the case was reopened pursuant to information flagged on the Insight portal, and reassessment proceedings under section 148 were initiated. During under:- Particulars Rs. Gratuity 1,80,65,490/- Leave Encashment 5,64,18,382/- Total

ACIT Central Circle 1(4) Mumbai, Mumbai vs. Podar Education and Sports Trust, Bangalore

In the result, appeals of the Revenue are dismissed

ITA 4002/MUM/2025[2019-20]Status: DisposedITAT Mumbai31 Jul 2025AY 2019-20

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 11Section 12Section 12ASection 139(1)Section 143(3)Section 147Section 148

declaring total income at ‘Nil’. 5. In A.Y. 2019–20, the case was reopened pursuant to information flagged on the Insight portal, and reassessment proceedings under section 148 were initiated. During under:- Particulars Rs. Gratuity 1,80,65,490/- Leave Encashment 5,64,18,382/- Total

ACIT Centra Circle-1(4), Mumbai vs. Podar Education Trust, Bangalore

In the result, appeals of the Revenue are dismissed

ITA 3999/MUM/2025[2021-22]Status: DisposedITAT Mumbai31 Jul 2025AY 2021-22

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 11Section 12Section 12ASection 139(1)Section 143(3)Section 147Section 148

declaring total income at ‘Nil’. 5. In A.Y. 2019–20, the case was reopened pursuant to information flagged on the Insight portal, and reassessment proceedings under section 148 were initiated. During under:- Particulars Rs. Gratuity 1,80,65,490/- Leave Encashment 5,64,18,382/- Total

Nikhil Rashiklal Vora, Mumbai vs. Income Tax Officer Ward 34(2)(2), Mumbai

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

ITA 3628/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2012-13 Nikhil Rashiklal Vora, Ito Ward 34(2)(2), Flat No. 6, Amit Parnar Ist Kautilya Bhavan, Bandra Kurla Vs. Floor, 205-A, Dixit Road, Vile Complex, Bandra (E), Parle (E), Mumbai-400051. Mumbai-400057. Pan No. Aaopv 0747 R Appellant Respondent

For Respondent: Mr. Devendra Jain
Section 148

reopened. It is submitted ch the case was originally reopened. It is submitted ch the case was originally reopened. It is submitted that where reassessment proceedings are initiated for a specific that where reassessment proceedings are initiated for a specific that where reassessment proceedings are initiated for a specific reason ... assessee in the regular course, and therefore, any addition made in assessee in the regular course, and therefore, any addition made in the reassessment proceedings would be deemed to relate to income the reassessment proceedings would be deemed to relate to income the reassessment proceedings would be deemed to relate

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3183/MUM/2025[2018-19]Status: DisposedITAT Mumbai31 Jul 2025AY 2018-19
Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3182/MUM/2025[2017-18]Status: DisposedITAT Mumbai31 Jul 2025AY 2017-18
Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3181/MUM/2025[2016-17]Status: DisposedITAT Mumbai31 Jul 2025AY 2016-17
Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3180/MUM/2025[2015-16]Status: DisposedITAT Mumbai31 Jul 2025AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3179/MUM/2025[2014-15]Status: DisposedITAT Mumbai31 Jul 2025AY 2014-15
Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3178/MUM/2025[2013-14]Status: DisposedITAT Mumbai31 Jul 2025AY 2013-14

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Leshark Global LLP, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, all the appeals for A

ITA 3177/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13
Section 143(3)Section 153ASection 153CSection 153DSection 56Section 69

been decided in the original assessment proceedings. It is only the under-assessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The ITO cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which ... subject matter of proceedings under section 147. An assessee cannot resist validly initiated reassessment proceedings under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under section 152(2). The words 'such income' in section 147 clearly

Haresh Nagindas Mehta, Mumbai vs. The Income Tax Officer, Ward 26(1)(7), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 2947/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2012-13 Haresh Nagindas Mehta, The Income Tax Officer, B/6, Samadhan Bldg, Ward-26(1)(7), L.T. Road, Mulund (E), Vs. Kautilya Bhavan, Mumbai-400081. Mumbai-400051. Pan : Aabpm4028K (Appellant) (Respondent) For Assessee : Ms. Neha Paranjpe For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-02-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. During The Course Of Hearing, The Ld.Ar Submitted That The Assessee Has Moved A Prayer For Admission Of The Following Additional Grounds Of Appeal: “Reopening Is Bad In Law: 1. The Reassessment Proceedings Initiated By The Ao & The Assessment Order Passed Pursuant To The Same Are Bad In Law & Without Jurisdiction

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri Surendra Mohan, Sr.DR
Section 142(1)Section 143(2)Section 144Section 148Section 69A

submitted that the assessee has moved a prayer for admission of the following additional grounds of appeal: “Reopening is bad in law: 1. The reassessment proceedings initiated by the AO and the assessment order passed pursuant to the same are bad in law and without jurisdiction 2 as the Ld.A.O ... notice under section 143(2) of the Act has never been issued and served to the Appellant before conducting the reassessment proceedings. The Issuance of the notice under section 143(2) of the Act is mandatory before initiating the assessment proceedings. Thus, in absence of the same, the assessment order

Urvi Hitalkumar Patel, Mumbai vs. ITO Ward 33(1)(1), Mumbai, Bkc

In the result, appeal of the assessee is allowed

ITA 2406/MUM/2025[2015-16]Status: DisposedITAT Mumbai31 Jul 2025AY 2015-16

Bench: Shri Amit Shukla & Smt. Renu Jauhriआयकर अपील सुं./Ita No.2406/Mum/2025 (नििाारण वर्ा/Assessment Year: 2015-16) Urvi Hitalkumar Patel V/S. Income Tax Officer, B 1101, Shreenath Tower, बिाम Ward 33(1)(1), Mumbai Shankar Lane, Kandivali Kautilya Bhavan, G Block, West 400067 Bkc, Bandra East 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Cevpp8858L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Manish Sheth राजस्व की ओर से /Revenue By: Shri Asif Karmali (Sr Dr)

For Appellant: Shri Manish ShethFor Respondent: Shri Asif Karmali (SR DR)
Section 147Section 148Section 148ASection 149(1)(b)Section 250Section 69

facts and in the circumstances of the case and in law, the Ld. CIT(A)-NFAC- Delhi, erred in confirming the initiation of reassessment proceedings by the ld. AO which was in violation of section 149(1)(b) of The Income Tax Act 1961, since the assessment is barred ... which is well below the limit of Rs. 50,00,000/- set by section 149(1)(b) for initiating reassessment proceedings beyond the period of 3 years. 3. The assessee craves Your Honour's leave to add, alter or amend or delete any of the above grounds.” 3. Brief facts

Income Tax Officer, Mumbai vs. Mahesh K Josi(HUF), Mumbai

In the result, the grounds of a In the result, the grounds of appeal of the assessee are allowed ppeal of the assessee are allowed for statistical purposes

ITA 2241/MUM/2025[2010-11]Status: DisposedITAT Mumbai31 Jul 2025AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Ito Mahesh K Joshi (Huf), 503, 5Th Floor, Piramal Chambers, 43, A/3, 479, Jariwala Bldg. Vs. Lalbaug, Arther Raod Tardeo, Mumbai-400012. Mumbai-400034. Pan No. Aadhm 4623 G Appellant Respondent

For Appellant: Mr. Aditya Rai, Sr. DRFor Respondent: None
Section 69

reopen the assessment. Section 148 of the Act on 30.03.2017 to reopen the assessment. During the course of reassessment proceedings, several statutory During the course of reassessment proceedings, several During the course of reassessment proceedings, several Mahesh K Joshi (HUF) notices were issued to the assessee. However, there

Rahul Shrikrishna Dharap, Mumbai vs. ITO Ward 22(3)(1), Mumbai

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

ITA 2132/MUM/2025[2013-14]Status: DisposedITAT Mumbai31 Jul 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2013-14 Rahul Shrikrishna Dharap Ito Ward 22(3)(1) Piramal Chambers, 00, Wardoli, Panvel, Mumbai-400020. Wavarle B.O, Panvel, Vs. Raigarh-410206. (Pan: Airpd2580P) (Appellant) (Respondent) Present For: Assessee : Shri Yash Agrawal, Ca Revenue : Shri Annavaran Kosuri, Sr. Dr Date Of Hearing : 22.07.2025 Date Of Pronouncement : 31.07.2025

For Appellant: Shri Yash Agrawal, CAFor Respondent: Shri Annavaran Kosuri, Sr. DR
Section 139Section 142(1)Section 144Section 147Section 148Section 148ASection 271(1)(b)Section 271F

have territorial jurisdiction over the appellant at the time of initiation of proceedings. 4. That the Ld. CIT(A) erred in confirming the reassessment proceedings without considering that the Assessing Officer did not conduct any independent inquiry before issuing notice under section 148A(b) of the Income ... make this addition pertained to Late Usha S. Dharap and not the appellant. 9. That the Ld. CIT(A) failed to consider that the reassessment proceedings in the case of Late Usha S. Dharap were dropped, yet the same addition was made in the hands of the appellant without justification

ACIT-2(3)(1), Mumbai vs. Tata Capital Limited (Successor to Tata Cleantech Capital Limited), Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3456/MUM/2024[2016-17]Status: DisposedITAT Mumbai31 Jul 2025AY 2016-17

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17

For Appellant: Shri Anish Thacker, CAFor Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(3)Section 147Section 148Section 36(1)(viii)Section 80Section 80I

come up in appeal before the Tribunal. 6. Before us, Ld. Counsel for the assessee referred to the reasons to believe recorded for initiating reassessment proceedings placed at page 63 and 64 of the paper book. In para 2, Ld. Assessing Officer has taken note of brief details of information ... original assessment has elaborately dealt with the issue. Further, there is no new tangible material which has come to the fore for taking up reassessment proceedings. Ld. AO has noted about the claim of deduction in the reasons to believe by observing ‘on perusal of the computation of the income

Shorya Trading Company Pvt Ltd, Karnal vs. ACIT, Central Circle, Karnal

In the result, the appeal of the assessee is allowed

ITA 813/DEL/2025[2008-09]Status: DisposedITAT Delhi31 Jul 2025AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri Avdhesh Kumar Mishraita No.813/Del./2025, A.Y. 2008-09 Shorya Trading Company Assistant Commissioner Private Limited, Oswal Estate, Of Income Tax, Village: Dutail, Vs. Central Circle Karnal, District Karnal-132037 Karnal, Haryana Pan: Aakcs0778A (Appellant) (Respondent) Appellant By Sh. Ved Jain, Advocate Sh. Pawan Garg, Ca Ms. Ishika Dua, Ca Respondent By Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing 31/07/2025 Date Of Pronouncement 31/07/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal Of The Assessee For Assessment Year (‘Ay’) 2008-09 Is Directed Against The Order Dated 03.01.2025 Of The Commissioner Of Income Tax (Appeals)-3, Gurugram [‘Cit(A)’].

Section 1Section 132Section 143(3)Section 153ASection 153D

circumstances of the case, learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assessee that the reassessment proceedings initiated and consequently reassessment order passed under section 143(3)/153A of the Act by the learned AO is bad and liable

Balbir Singh, Delhi vs. AO, National Faceless Assessment Centre, Delhi

ITA 5768/DEL/2024[2016-17]Status: DisposedITAT Delhi31 Jul 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 148Section 149Section 149(1)

noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order ... obtained only from Pr. Chief Commissioner of Income Tax and not from Pr. Commissioner of Income Tax. The Hon'ble High Court quashed the reassessment proceedings in the absence of proper approval obtained by the AO and the ratio to this judgment squarely applies to the facts of the Assessee

Balbir Singh, Delhi vs. AO, National Faceless Assessment Centre, Delhi

In the result, Appeal of the Assessee in ITA Nos

ITA 5767/DEL/2024[2017-18]Status: DisposedITAT Delhi31 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.I.T.A. No. 5755/Del/2024 (A.Y 2013-14) I.T.A. No. 5756/Del/2024 (A.Y 2014-15) I.T.A. No. 5761/Del/2024 (A.Y 2015-16)

Section 148Section 148oSection 149Section 149(1)

noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order ... obtained only from Pr. Chief Commissioner of Income Tax and not from Pr. Commissioner of Income Tax. The Hon’ble High Court quashed the reassessment proceedings in the absence of proper approval obtained by the AO and the ratio to this judgment squarely applies to the facts of the Assessee

Balbir Singh, Delhi vs. AO, National Faceless Assessment Centre, Delhi

In the result, Appeal of the Assessee in ITA Nos

ITA 5761/DEL/2024[2015-16]Status: DisposedITAT Delhi31 Jul 2025AY 2015-16

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.I.T.A. No. 5755/Del/2024 (A.Y 2013-14) I.T.A. No. 5756/Del/2024 (A.Y 2014-15) I.T.A. No. 5761/Del/2024 (A.Y 2015-16)

Section 148Section 148oSection 149Section 149(1)

noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order ... obtained only from Pr. Chief Commissioner of Income Tax and not from Pr. Commissioner of Income Tax. The Hon’ble High Court quashed the reassessment proceedings in the absence of proper approval obtained by the AO and the ratio to this judgment squarely applies to the facts of the Assessee