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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

Amandeep Singh, New Delhi vs. DCIT Circle 10(1), New Delhi

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

ITA 1546/DEL/2024[2010-11]Status: DisposedITAT Delhi27 Jun 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shris.Rifaur Rahmanamandeep Singh, Vs. Dcit, Circle 10 (1), 10/46, West Punjabi Bagh, New Delhi. New Delhi – 110 026. (Pan :Alops5758C) (Appellant) (Respondent) Assessee By : Shri Salil Aggarwal, Sr. Advocate Shri Shailesh Gupta, Ca Shri Madhur Agarwal, Advocate Revenue By : Shri Ashish Tripathi, Sr. Dr Date Of Hearing : 22.04.2025 Date Of Order : 27.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 22.02.2024 For Assessment Year 2010-11. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 14.10.2010 Declaring Total Income Of Rs.10,97,140/-. Subsequently, Proceedings Were Initiated Under Section 148 Of The Income-Tax Act, 1961 (For Short ‘The Act’)

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 139Section 142Section 142(1)Section 147Section 148Section 149Section 151Section 68

relevant bank branches recorded in the case of Tarun Goyal are not the branches wherein the assessee has any transactions and insisted that the reassessment proceedings were initiated in the case of the assessee wholly on the basis of suspicion and there is no cogent material on record and wrong ... initiation of proceedings is bad in law and further we observed that AO has not disposed off the main objections separately before initiating the reassessment proceedings. In this regard, we heavily rely on the decision of Hon’ble Delhi High Court in the case of Saraswati Petrochem

ITO, New Delhi vs. M/S. Antriksh Growth Fund Ltd., New Delhi

In the result, the cross objection filed by the assessee is

ITA 397/DEL/2016[2006-07]Status: DisposedITAT Delhi27 Jun 2025AY 2006-07

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.397/Del/2016 िनधा"रणवष"/Assessment Years:2006-07 बनाम Ito, M/S Antriksh Growth Fund Ltd., Ward-2(4), Vs. Ap09, Shalimar Bagh, Room No.398A, 3Rd Floor, New Delhi. Central Revenue Building, I.P. Estate, New Delhi. Pan No.Aacca3522C अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No.155/Del/2019 (Arising Out Of I.T.A No.397/Del/2016) िनधा"रणवष"/Assessment Years:2006-07 बनाम M/S Antriksh Growth Fund Ltd., Ito, Ap09, Shalimar Bagh, Vs. Ward-2(4), Room No.398A, 3Rd Floor, New Delhi. Central Revenue Building, I.P. Estate, Pan No.Aacca3522C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 151Section 263Section 292BSection 68

without applying his mind to the request made by the AO for the sanction, mechanically granted prior approval for initiation of reassessment proceedings. On identical circumstances, the coordinate bench of the Tribunal in the case of Sumangal Park Pvt. Ltd. Vs. ITO in ITA 3840/Del/2019 dated 23.02.2023 held that such ... Bench in the case of Omkam Developers Ltd. vs. ITO (supra) and Madhu Apartments P. Ltd. Vs. ITO (supra), we hold that the impugned reassessment proceedings and the impugned reassessment order deserves to be quashed and we hold so.” 9. Similarly the coordinate bench of the Tribunal in the case

ACIT, Circle-1, Bhavnagar vs. Leela Greenship Recycling Private Limited, Bhavnagar

In the result, both the appeals are treated as partly allowed for statistical purposes in terms of above directions

ITA 2135/AHD/2024[2018-19]Status: HeardITAT Ahmedabad26 Jun 2025AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 2111/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., The Deputy Office No.303, 3Rd Floor, बनाम/ Commissioner V/S. B Wing, Leela Efcee, Of Income Tax, Near Aksharwadi Temple, Circle-1, Waghawadi Road, Bhavnagar. Bhavnagar-364002. "थायी लेखा सं./Pan: Aagcg8956L

For Appellant: Shri Tushar Hemani, Sr. Advocate with Shri Parimalsinh B Parmar, ARFor Respondent: Shri Hargovind Singh, SR-DR
Section 144BSection 147Section 148Section 250Section 271ASection 69C

unexplained expenditure under section 69C of the Act, since the assessee utterly failed to establish the genuineness of such transactions during the reassessment proceedings. The DR emphasized that the proprietor of the said concern could not be traced during field inquiries and failed to respond to notices issued under section ... dealing with the extent of additions permissible in a search case where seized material directly exposed non-genuine purchases. In the present case, the reassessment proceeding is governed by regular provisions under sections 147/143(3), where the standards of evidence, burden of proof, and principles of natural justice operate differently

Leela Greenship Recycling Pvt. Ltd., Bhavnagar vs. The Dy. CIT, Circle-1, Bhavnagar

In the result, both the appeals are treated as partly allowed for

ITA 2111/AHD/2024[2018-19]Status: HeardITAT Ahmedabad26 Jun 2025AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No. 2111/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., Office No.303, 3Rd Floor, B Wing, Leela Efcee, Near Aksharwadi Temple, Waghawadi Road, Bhavnagar-364002. बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Bhavnagar. स्थायी लेखा सं./Pan: Aagcg8956L & आयकर अपील सं/Ita No. 2135/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2018-19 The Assistant Commissioner Of Income Tax, Circle-1, Bhavnagar. Leela Greenship Recycling Pvt. Ltd., बनाम / Office No.303, 3Rd Floor, V/S. B Wing, Leela Efcee, Near Aksharwadi Temple, Waghawadi Road, Bhavnagar-364002. स्थायी लेखा सं./ Pan: Aagcg8956L अपीलार्थी/ (Appellant) Assessee By : Revenue By : प्रत्यर्थी / (Respondent) Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B Parmar, Ar Shri Hargovind Singh, Sr-Dr सुनवाई की तारीख / Date Of Hearing : 25/06/2025 घोषणा की तारीख / Date Of Pronouncement: 26/06/2025

For Appellant: Revenue by
Section 144BSection 147Section 148Section 250Section 271ASection 69C

unexplained expenditure under section 69C of the Act, since the assessee utterly failed to establish the genuineness of such transactions during the reassessment proceedings. The DR emphasized that the proprietor of the said concern could not be traced during field inquiries and failed to respond to notices issued under section ... dealing with the extent of additions permissible in a search case where seized material directly exposed non-genuine purchases. In the present case, the reassessment proceeding is governed by regular provisions under sections 147/143(3), where the standards of evidence, burden of proof, and principles of natural justice operate differently

Bharat Shivaji Chavan, Sonarsiddhnagar vs. ITO Ward 5, Sangli

In the result, appeal of the Assessee is partly allowed

ITA 876/PUN/2025[2013-14]Status: DisposedITAT Pune26 Jun 2025AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.876/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Bharat Shivaji Chavan, V The Income Tax Officer, At Sonarsiddhnagar, Post S Ward-5, Sangli. Kowthali, Tal Atpadi, District Solapur, Kotali – 413101. Maharashtra. Pan: Auwpc0996M Appellant/ Assessee Respondent / Revenue Assessee By Shri Piyush Bafna & Shri Aakash Parakh – Ar’S Revenue By Shri Rajesh Haladkar – Addl.Cit(Dr) Date Of Hearing 25/06/2025 Date Of Pronouncement 26/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961, Dated 30.01.2025 Emanating From The Assessment Order Passed U/S.144 R.W.S 147 Of The Income Tax Act, 1961, For A.Y.2013-14 Dated 25.03.2022. The Assessee Has Raised Following Grounds Of Appeal :

Section 144Section 147Section 148Section 151Section 250Section 250(6)Section 271(1)(b)Section 69

without complying with the decision of Hon'ble Supreme court in case of Ashish Agrawal - 444 ITR 1 and therefore, the impugned reassessment proceedings and the consequential reassessment order may please be quashed. ITA No.876/PUN/2025 [A] 8. On the facts and in the circumstances of the case ... every ground raised by the assessee. Ld.CIT(A) has not adjudicated the Legal Grounds raised by the assessee regarding validity of Notice u/s148 and reassessment proceedings. ITA No.876/PUN/2025 [A] 5. Aggrieved by the order of the ld.CIT(A), Assessee filed appeal before this Tribunal. 6. It is observed that ld.CIT