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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

M/S Vinayak Financial Consultants Private Limited, Kolkata vs. D.C.I.T., Central Circle-4(1), Kolkata

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

ITA 2695/KOL/2024[2013-14]Status: DisposedITAT Kolkata10 Jul 2025AY 2013-14

Bench: Shri George Mathan

For Appellant: Shri A.K.Tulsyan & Shri RobinFor Respondent: Smt. Madhumita Das, Sr.DR
Section 139(1)Section 143(1)Section 147Section 148

Poorva 110, Shanti Pally, Kolkata-700107. Assesseo : Vinayak Financial Consultants Private Limited PAN : AACCV6185E Asst Year : 2013-14 Sub : Objection to the initiation of reassessment proceedings u/s 147, vide Notice u/s148 Sir, This is with reference to show cause notice dated 20.01.2022 providing reasons for issuance of notice ... whether there is any escapement of Income I which exercise is required before issuance of the Notice w's 148) and Initiation of reassessment proceedings on such suspicion Page 15 8 ITA No.2695/KOL/2024 Pa and for making verification / roving enquiry, whether any Income has escaped assessment, is not permissible

Mohammed Basheer Bairikatte Hosamane, Dakshina Kannada vs. Income Tax Officer, Ward-2(1), Mangalore

In the result, appeal filed by the assessee is allowed

ITA 242/BANG/2025[2018-19]Status: DisposedITAT Bangalore10 Jul 2025AY 2018-19

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan Kassessment Year : 2018-19

For Appellant: Shri. Suresh Kumar, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 139(1)Section 145(3)Section 147Section 148Section 148A

turnover as the assessee has not maintained books of accounts properly and hence rejected the books of accounts. During the course of reassessment proceedings, video conferencing was provided to the assessee. The assessee has not provided any sales register, purchase register, salary and Page 3 of 5 wages details, cash ... section 139(1) of the Act and did not get his books of accounts audited within the specified time. During the course of reassessment proceedings u/s 147, the AO observed various anomalies on the submissions made by the assessee. The assessee did not produce various basic details to support

Kantilal Mohanlal Parekh, Mumbai vs. Ward 22(2)(1), Mumbai

In the result, the appeal of the appellant is dismissed

ITA 3037/MUM/2025[2012-13]Status: DisposedITAT Mumbai10 Jul 2025AY 2012-13

Bench: The Ld.Cit(A). The Ld.Cit(A) By Executing His Powers Under Section 250 Of The Act, Set Aside The Alleged Assessment Order To The File Of The Ld.Ao For Adjudication De Novo. After Completion Of Assessment Proceeding, The Ld.Ao Imposed Penalty Under Section 271(1)(C) Of The Act At 100% Of Tax Sought To Be Evaded Amount To Rs.94,41,594/-. The Aggrieved Assesse Filed An Appeal Before The Ld.Cit(A) By Challenging The Impugned Penalty Order.

Section 144Section 250Section 271(1)(c)

also restored to the file of the Ld. AO, who shall re-examine the issue of penalty, if warranted, upon completion of the reassessment proceedings. 6. In the result, the appeal of the assesse bearing ITA No.3037/Mum/2025 is allowed for statistical purpose. Order pronounced in the open court on 10th

Tutor Investment& Finance Pvt Ltd, Mumbai vs. DCIT, Central Circle 6(4), Mumbai

In the result, the appeal of the assesse bearing ITA No

ITA 1736/MUM/2025[2013-14]Status: DisposedITAT Mumbai10 Jul 2025AY 2013-14

Bench: the ITAT, Mumbai Bench “E”, which, vide its order in ITA No. 6752/Mum/2017 dated 15.06.2018, upheld the revisionary order passed under Section 263 of the Act.

For Appellant: Shri Snehal ShahFor Respondent: Shri Ritesh Misra, CIT DR
Section 143(3)Section 147Section 250Section 263Section 56Section 56(2)(vii)

Rs.200 per share to M/s Chinar Commercials Pvt. Ltd. & M/s Chinar Finvest Pvt Ltd, for a total consideration of Rs.20 crores. During the reassessment proceedings, the Ld. AO adopted the book value of the shares at Rs.186 per share and treated the excess of Rs.14 per share (i.e., Rs.200 – Rs.186

Jitendra Sharma, ACIT, Circle-19(1), Mumbai vs. Kashyap Mahesh Vora, Mumbai

In the result, the appeal of the revenue bearing ITA No

ITA 4322/MUM/2024[2012]Status: DisposedITAT Mumbai10 Jul 2025

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri K. Gopal a/w Shri AkhileshFor Respondent: Shri Hemanshu Joshi, SR DR
Section 143(3)Section 147Section 250Section 68Section 69C

addition u/s 69C has not been raised in any Show Cause Notice or otherwise. Conclusion With respect to the ground relating to opening of reassessment proceedings, I find that the same were invalid due to lack of jurisdiction. The impugned assessment order is based on the materials obtained

Nirmalkumar Heeralal Jain, Mumbai vs. Duputy Commissioner of Income Tax 27(2), Navi Mumbai

In the result, the Assessee’s appeal stands allowed for statistical purposes

ITA 1521/MUM/2024[2013-14]Status: DisposedITAT Mumbai10 Jul 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2013-14

For Appellant: Mr. Sumit Mantri, Ld. A.RFor Respondent: Shri Leyaqat Ali Aafaqui, Ld. Sr. A.R
Section 147Section 148Section 250Section 68

giving independent findings but in cryptic manner. During the appellate proceedings before the Ld. Commissioner has raised various issues including the legality of the reassessment proceedings and issuance of notice u/s 148 of the Act, and it is not a case of complete non-compliance, as it appears from para

Ability Services Private Limited, Sakchi vs. ACIT, Circle-1, Jamshedpur

In the result, the appeal of the assessee is allowed

ITA 20/RAN/2024[2014-15]Status: DisposedITAT Ranchi09 Jul 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.20/Ran/2024 Assessment Year: 2014-15 Ability Services Pvt. Ltd…….....................…...........................……….……Appellant 232 Kumhar Para, New Baradwari Sakchi, Jharkhand-831001. [Pan: Aacce1395H] Vs. Acit, Circle-1, Jamshedpur.....…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 02, 2025 Date Of Pronouncing The Order : July 09, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 18.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Contract & Transportation & Filed Its Return Of Income For The Assessment Year 2014-15 By Declaring Total Income Of Rs.81,52,900/-. The Case Of The Assessee Was Selected For Scrutiny & Assessment Was Framed On A Total Assessed Income Of Rs.84,49,220/-. Subsequnetly, Proceedings U/S 148 Were Initiated Vide Notice Dated 30.03.2021 & Assessment Was Completed On 20.03.2022 Wherein The Assessing Officer Made Addition Of Excess Depreciation Of Rs.36,64,657/- & Payment Of Epf/Esi Beyond The Due Date But Prior To Filing Of Return Of Rs.5,31,940/-

Section 143(3)Section 147Section 148Section 250

said order, the assessee filed the present appeal before this Tribunal raising various grounds. However, the assessee primary contention is that the reassessment proceedings u/s 147 was beyond 4 years from end of the relevant assessment year, therefore, it is invalid order in law as there was no failure ... fully all material facts necessary for the framing of original I.T.A. No.20/Ran/2024 Ability Services Pvt. Ltd assessment order. Therefore, we set aside the reassessment proceedings and direct the Assessing Officer to delete the addition. 8. In the result, the appeal of the assessee is allowed. Kolkata, the 9th July

Savita Gupta, Kota vs. ITO, Delhi

ITA 609/JPR/2025[2013-14]Status: DisposedITAT Jaipur09 Jul 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Vinod Kumar Gupta, CAFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 132Section 133(6)Section 142(1)Section 147Section 148Section 69

search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would be to initiate the reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147 / 148. At the cost of repetition I my point ... cases first where no incriminating material has been found and seized then the only remedy available to the revenue would be to initiate reassessment proceedings u/s. 147/148 of the Act, subject to fulfilment of condition mentioned therein and second where incriminating material and documents have been found and seized

Pramod Kumar Choudhary, Jaipur vs. ITO, Jaipur

In the result, the appeal of the assessee is allowed

ITA 206/JPR/2025[2012-13]Status: DisposedITAT Jaipur09 Jul 2025AY 2012-13
For Appellant: Shri Vinod Kumar Gupta, CAFor Respondent: Shri Gautam Singh Choudhary, JCIT
Section 143(3)Section 147Section 69

issued which is mandatory requirement in reopen procedure and in our view issuance of notice U/s 143(2) is mandatory in reassessment proceedings initiated U/s 148 of the Act which has also been clearly laid down by the Hon'ble Delhi High Court in the case of Alpine Electronics Asia ... subsequent proceedings as invalid. In view of the above facts and circumstances, we set aside the orders of the authorities below and quash the reassessment proceedings initiated U/s 147 of the Act and allow grounds No. 3 and 4 of the appeal. Since, we have quashed the reassessment proceedings initiated

Dr Hedgewar Smruti Rugna Seva Mandir, Hingolie, Hingoli vs. DCIT, Cir-Aurangabad, Aurangabad

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

ITA 1531/PUN/2025[2019-20]Status: DisposedITAT Pune09 Jul 2025AY 2019-20

Bench: Dr. Manish Boradआयकर अपील सं. / Ita No.1531/Pun/2025 धििाारण वर्ा / Assessment Year: 2019-2020 Vs Dcit Dr Hedgewar Smruti Rugna Seva Mandal, 01 Exemption Akola Road, Hingoli S.O Circle, Basamba, Hingoli-431513 Aurangabad Maharashtra Pan-Aabtd5118M Appellant Respondent

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Deepak Kumar
Section 139Section 147Section 148Section 151ASection 250Section 250(6)

pronouncement in case of Hexaware Technologies Limited v/s ACIT (Bombay HC-162 taxmann.com 225). As such, the appellant contends that the present reassessment proceedings are bad in law and ought to be quashed. 4. Appellant contends that, Appellant is keen to ensure complete and total compliance as so required

Gulnaz Begum Mohammed, Madanapalli vs. ITO., Ward-1, Madanapalle

In the result, the appeal of the assessee is dismissed

ITA 425/HYD/2025[2016-17]Status: HeardITAT Hyderabad09 Jul 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

For Appellant: Shri M.V. Joshi, C.AFor Respondent: Shri Gurpreet Singh, SR-DR
Section 147

matter is taken up for adjudication. 3.1 The brief facts of the case are that, the Ld. Assessing Officer (“Ld. AO”) initiated reassessment proceedings under Section 147 of the Act. Due to non-compliance by the assessee during the reassessment proceedings in spite of issue of various notices

Shyama Shree, Asansol vs. I.T.O., Ward - 1(1), Asansol

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

ITA 967/KOL/2025[2013-2014]Status: DisposedITAT Kolkata09 Jul 2025AY 2013-2014

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 250Section 69A

case and there was evidence before the Ld. AO for issuing notice u/s 148 of the Act, the ground relating to the validity of reassessment proceedings are hereby dismissed as has also done by the Ld. CIT(A) and the other grounds are allowed for statistical purposes

Pramod Lakra, Deputy Commissioner of Income Tax, Circle 11(1), Kolkata vs. M/S. Amicus Healthcare Services & Solutions Pvt. Ltd., Kolkata

Appeal of the revenue is dismissed

ITA 2572/KOL/2024[2013-14]Status: DisposedITAT Kolkata09 Jul 2025AY 2013-14

Bench: SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 143(2)Section 148Section 148ASection 250Section 68

fact that the assessee failed to explain its case with cogent evidence even after availing itself of sufficient opportunities during the course of the reassessment proceedings. 3 The CIT(A) has erred in not appreciating the fact that the non-giving of an opportunity of being heard to the assessee ... would not prejudice the interest of the assessee by any means as there were ample opportunities afforded to the assessee during the course of reassessment proceedings and the assessee actively participated in the reassessment proceeding. Whether on the facts and circumstances of the case

Mohit Chandak, Chennai vs. DCIT Central Circle 3(3), Chennai

The appeals of the assessee are allowed

ITA 194/CHNY/2025[2016-17]Status: DisposedITAT Chennai09 Jul 2025AY 2016-17

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.191 & 194/Chny/2025 िनधा=रण वष= /Assessment Years: 2017-18 & 2016-17

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 133ASection 147Section 148Section 148ASection 250

deemed notices and the date of judgment in Ashish Agarwal (supra), the assessing officers were deemed to have been prohibited from proceeding with the reassessment proceedings. In view of the same, while considering the appellant's appeal in for AY 2016-17 in ITA No.333/CIT(A)-20/2024-25 dated ... case laws cited. The legal issue before us is that: “Whether assessment under section 147 was already concluded, ITA Nos.191 & 194/Chny/2025 Mohit Chandak :- 6 -: reassessment proceedings initiated by issuance of notice under section 148A(b) in consequence to decision of Supreme Court in Union of India v. Ashish Agarwal

Mohit Chandak, Chennai vs. DCIT Central Circle 3(3), Chennai

The appeals of the assessee are allowed

ITA 191/CHNY/2025[2017-18]Status: DisposedITAT Chennai09 Jul 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.191 & 194/Chny/2025 िनधा=रण वष= /Assessment Years: 2017-18 & 2016-17

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms. R. Anitha, Addl. CIT
Section 133ASection 147Section 148Section 148ASection 250

deemed notices and the date of judgment in Ashish Agarwal (supra), the assessing officers were deemed to have been prohibited from proceeding with the reassessment proceedings. In view of the same, while considering the appellant's appeal in for AY 2016-17 in ITA No.333/CIT(A)-20/2024-25 dated ... case laws cited. The legal issue before us is that: “Whether assessment under section 147 was already concluded, ITA Nos.191 & 194/Chny/2025 Mohit Chandak :- 6 -: reassessment proceedings initiated by issuance of notice under section 148A(b) in consequence to decision of Supreme Court in Union of India v. Ashish Agarwal

DCIT, Mumbai vs. Aachman Vanijya Private Limited, Kolkata

In the result, appeal of the revenue and cross-objection by the assessee are dismissed

ITA 385/MUM/2025[2011-12]Status: DisposedITAT Mumbai09 Jul 2025AY 2011-12

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Shri Dhaval Shah, A/RFor Respondent: Shri Rajesh Kumar Yadav, CIT, D/R
Section 143(3)Section 147Section 148Section 1ISection 263Section 56(2)Section 56(2)(vii)Section 56(2)(viia)

385/Mum/2025 C.O. No. 55/Mum/2025 6 Therefore, the intention of the legislation seems to be that in a case of search, only pending assessment or reassessment proceedings shall abate and the Assessing Officer would assume jurisdiction to assess or reassess the "total income" for the entire six-year period or block ... incriminating material is found, in the case of a completed or unabated assessment, the only remedy available to the Department would be to initiate reassessment proceedings under section 147 or section 148 of the Act, subject to fulfilment of the conditions mentioned in those sections, as in such a situation

R.D. Vohra HUF, New Delhi vs. PCIT, Faridabad

In the result, the application for condonation of delay of 165 days in filing

ITA 4948/DEL/2024[2015-16]Status: DisposedITAT Delhi09 Jul 2025AY 2015-16

Bench: Shri Shamim Yahya & Shri Vimal Kumar

For Appellant: Shri Rajkumar Gupta, CA & Shri J.PFor Respondent: Ms. Monika Singh, CIT (DR)
Section 142(1)Section 147Section 148Section 151Section 263

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL

Balbir Singh Saini, Gurgaon vs. Income Tax Officer Ward-1(3), Gurgaon

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

ITA 2170/DEL/2022[2012-13]Status: DisposedITAT Delhi09 Jul 2025AY 2012-13

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Shri Jai Bhagwan Saini, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 143(2)Section 147Section 148Section 2(14)Section 2(14)(b)Section 2(14)(iii)Section 2(14)(iiib)

case of Shri Jitender Saini, the same certificate was accepted by the AO while processing the reassessment proceedings in his case. He brought to our notice assessment order passed in the case of Shri Jitender Saini dated 13.12.2019 passed u/s 143(3) r.w.s. 147 of the Act, the relevant assessment ... Surender Saini and Jitender Saini, s/o late Shri Kanwal Singh Saini. The case of Shri Jitender Saini and assessee’s case were selected for reassessment proceedings by issue of notice u/s 148 and both the assessees filed a certificate from the Nayab Tehsildar, Municipal Corporation, Gurgaon with the certificate

ITO, Ward-18(), New Delhi vs. Nivia Agencies Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1009/DEL/2021[2002-03]Status: DisposedITAT Delhi09 Jul 2025AY 2002-03

Bench: MS. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 139(1)Section 142Section 143(1)Section 144Section 148Section 250(6)Section 68

treated as the return filed in response to the notice u/s 148 of the Act. Accordingly, the same was considered. During the reassessment proceedings, notices were issued u/s 142(10 from time to time which were duly complied with and thereafter, the assessment was completed at total income of Rs.3 ... failed to verify the same from original records and, therefore, the action of Ld. CIT(A) is not correct in quashing the entire reassessment proceedings. The Ld. Sr. DR thus requested to restore the order of the AO. The Ld. Sr. DR further submits that since

Dy. Commissioner of Income Tax, Central Circle, Muzaffarpur vs. Nandkumar Prasad Sah, Saraiyganj Road, Muzaffarpur

In the result, the appeal filed by the Revenue is dismissed

ITA 248/PAT/2023[2018-19]Status: DisposedITAT Patna08 Jul 2025AY 2018-19

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 133ASection 142(1)Section 153ASection 250Section 69A

search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the revenue would be to initiate the reassessment proceedings under section 147/48, subject to fulfilment of the conditions mentioned in section 147/148, as in such a situation, the revenue cannot be left with