“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

Vishnu Soni, Shivpuri vs. ITO, Ashoknagar

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

ITA 38/AGR/2025[2014-15]Status: DisposedITAT Agra24 Jun 2025AY 2014-15

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalincome Tax Officer, Mr. Vishnu Soni Ito, Ashok Nagar, Sadar Bazar, Vs. Aayakar Bawan, Shivpuri, Citiy Centre, Madhya Pradesh-473551 Gwalior, Madhya Pan-Awlps6188C Pradesh-474001 (Appellant) (Respondent)

Section 144BSection 147Section 148Section 250Section 56(2)(vii)Section 69

issue of notice u/s 148 of the Act on 26.06.2019 after getting prior approval from the competent authority. However, during the course of reassessment proceedings, no compliance was made, therefore, the Assessing Officer passed the reassessment order by making addition of Rs.58,98,125/- being 50% in amount of investment

Sourabh Jain, Guna vs. Income Tax Officer Guna, Guna

In the result, the appeal of the assessee is dismissed

ITA 160/AGR/2025[2019-20]Status: DisposedITAT Agra24 Jun 2025AY 2019-20

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalincome Tax Officer, Saurabh Jain, Guna. 1, Near Sanjeevani Vs. Hospital Garha Colony, Guna, Madhaya Pradesh-473001 Pan-Bgjpj7915F (Appellant) (Respondent)

Section 147Section 148Section 250Section 251(1)(a)Section 271ASection 69A

assessee deserves to be decided. 4. On perusal of the orders of the lower authorities, it is seen that in the instant case, reassessment proceedings by way of issue of notice u/s 148 were initiated on the basis of information that the assessee is having heavy transaction of deposits ... account was not disclosed in the regular return filed by the assessee. 5. Before us, the ld. AR submits that at the time of reassessment proceedings, it was stated by the assessee that he applied for duplicate PAN but allotted another PAN (BGJPJ7915F) which inadvertently was given to Bandhan bank

Sonu Jain Through Legal Heir and Father of Late Sonu Jain Shri Rajendra Jain, Guna vs. Income Tax Officer Guna, Guna

In the result, the appeal is partly allowed

ITA 158/AGR/2025[2016-17]Status: DisposedITAT Agra24 Jun 2025AY 2016-17

Bench: SHRI SUNIL KUMAR SINGH (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 142(1)Section 147Section 148Section 148ASection 149(1)(b)Section 250Section 69A

notices u/s 142(1) were issued from time to time which were partly replied by the legal heir of the assessee and finally the reassessment proceedings were completed vide order dt.09.03.2024 by making additions of Rs.78,88,849/- on account of bank deposits and interest from bank. The re-assessment ... basis of whims, conjecture and surmises. 7. On the facts and circumstances of the case the Learned CIT(A) has erred in the reassessment proceedings were invalid because the notice under Section 148A was issued without obtaining proper approval from the competent authority, which is a jurisdictional defect

Singh Carriers, Jhansi vs. Ward 2(3)(1), Jhansi

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

ITA 140/AGR/2025[2019-20]Status: DisposedITAT Agra24 Jun 2025AY 2019-20

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalincome Tax Officer, Singh Carriers, Ward-2(3)(1), 2716, Swamipuram Vs. Jhansi. Colony, Gwalior Road, Jhansi, Uttar Pradesh-284003. Pan-Aacfs9607B (Appellant) (Respondent)

Section 144Section 147Section 250Section 251(1)Section 37(1)Section 69

filed by the assessee. However, the Ld. CIT(A) has not decided the jurisdictional issues raised by the assessee with regard to initiation of reassessment proceedings u/s 147 of the Act which was challenged before the Ld. CIT(A) in grounds of appeal Nos.7,8,9, 10 and 12 raised ... reconsidered by the Ld. CIT(A) where the Singh Carriers vs. ITO jurisdictional issues raised by the assesse on the legality of the reassessment proceedings should be decided first. Accordingly, we set aside the order of the Ld. CIT(A) and restore the matter back to the file

Manoj Kumar Khubani, Barmer vs. Dc Cen Cir 2 Jdh, Jodhpur

In the result, stands ALLOWED

ITA 376/JODH/2023[2018-19]Status: DisposedITAT Jodhpur24 Jun 2025AY 2018-19

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

Section 143(3)Section 250

extent of loans advanced during these years have escaped assessment. Simultaneously, he also assessed these loans as Income of AY 2018-19. During the reassessment proceedings for AY 2016-17 and AY 2017-18, which was subsequent to the completion of assessment for AY 2018-19, the appellant rightly submitted

Sanjeev Agrawal, Bhopal vs. Assistant Commissioner of Income Tax (Central)-2, Bhopal

The appeal of the assessee is allowed and “impugned

ITA 899/IND/2024[2013-14]Status: HeardITAT Indore24 Jun 2025AY 2013-14

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 147Section 148Section 246ASection 253

therein are opposed to facts, equity, and law. 2. 148. Reassessment That on the facts and circumstances of the case and in law, the reassessment proceedings initiated under section 147 are not valid and without jurisdiction. The order of the assessment made us 147 is unlawful and without jurisdiction ... proper reasons, hence the same be kindly cancelled. 3. 148. Reassessment That on the facts and circumstances of the case and in law, the reassessment proceedings initiated under section 147 are not valid and without jurisdiction as the same was totally based on the statement of the third party

Mahendra Kumar Verma, Indore vs. ITO-4(1), Indore

ITA 482/IND/2024[2013-14]Status: DisposedITAT Indore24 Jun 2025AY 2013-14

Bench: Smt. Annapurna Gupta & Shri Paresh M Joshiआयकर अपील सं./I.T.A. No. 482/Ind/2024 (िनधा"रण वष" / Assessment Year : 2013-14) बनाम/ Mahendra Kumar Verma Ito-4(1) Flat No.301, Classic Indore Vs. Dream, 5-6, Paliwal Nagar, Indore (M.P.) -452011 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acspv2701P (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri S. N. Agrawal & Shri Pankaj Mongra, A.Rs. ""यथ" क" ओर से/Respondent By : Shri Ashish Porwal, Sr.Dr 17/04/2025 Date Of Hearing Date Of Pronouncement 24/06/2025

For Appellant: Shri S. N. Agrawal & Shri PankajFor Respondent: Shri Ashish Porwal, Sr.DR

Section 147Section 148Section 151Section 250Section 69B

That on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in upholding the validity of reassessment proceedings initiated under section 147 of the Income-Tax Act, 1961 on the basis of reasons recorded by the Assessing Officer which were undated ... unsigned and which contained non-existent/ factually incorrect facts thereby undermining the validity of entire reassessment proceedings 3. That on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in upholding the validity of reassessment proceedings initiated under section

Rama Shanker Pareek, Jaipur vs. Income Tax Officer, Ward No. 7(2), Jaipur

In the result, appeal of the assessee is allowed

ITA 253/JPR/2025[2010-11]Status: DisposedITAT Jaipur24 Jun 2025AY 2010-11

For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri Gautam Singh Choudhary, Addl.CIT

Section 142(1)Section 147Section 148Section 234ASection 250Section 69CSection 80C

computation of such capital gain, he cannot simply dispute fact that assessee did not file return— Entire reasoning recorded by AO for initiation of reassessment proceeding and issuance of notice under section 148 was on wrong and incorrect facts that assessee has never filed return of income, and in fact ... filed—Initiation of reassessment proceeding u/s.147 and notice under section 148 and all subsequent proceedings and orders have been issued, conducted, passed without having valid jurisdiction, and therefore, same are bad-in-law and hence, same is quashed— CIT(A) estimated income @ 51.84% on account of undisclosed sales—Assessee claimed

Dinessh Kumar Sharma, Jaipur vs. ITO, Ward4(2), Jaipur

In the result, appeal of the assessee is allowed

ITA 1393/JPR/2024[2013-14]Status: DisposedITAT Jaipur24 Jun 2025AY 2013-14

For Appellant: Shri Shivangi Chopra, C.AFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR

Section 139(1)Section 143(2)Section 144Section 147Section 148Section 250Section 69A

existent. All the three proceedings are based sheerly on conjectures and surmises. The Assessing Officer had no tangible evidence to initiate the reassessment proceedings against the assessee. Even if it is assumed for argument's sake that the transaction made by the assessee for the acquisition of land at Pali ... provisions of section 69A of the Act. 4.3 It is also relevant to note that various courts had taken a view that the reassessment proceedings were confined under section 147 only to the issues (reasons to believe) on the basis of which the assessments were reopened. Thus, there

Gulshan Kumar, Fatehabad vs. Income Tax Officer, Ward - 1, Fatehabad

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

ITA 111/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh24 Jun 2025AY 2012-13

For Appellant: Shri Suraj Bhan Nain, Advocate (Virtual Mode)For Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR

Section 144Section 147Section 68

assessee preferred an appeal before the Tribunal. 6. During the course of hearing the Ld. Counsel for the Assessee submitted that the reassessment proceedings initiated under Section 147 are invalid due to the absence of a valid "reason to believe," and that the assessment order passed under Section

Dnh Spinners Private Limited, Mumbai vs. Assistant Commissioner of Income Tax, Central Circle 1(2), Mumbai

In the result, the appeal being infructuous is dismissed

ITA 2624/MUM/2025[2008-09]Status: DisposedITAT Mumbai24 Jun 2025AY 2008-09

Bench: Shri Pawan Singh & Shri Prabhash Shankar

For Appellant: Shri Rushabh Mehta, CAFor Respondent: Shri Annavaram Kosuri, (Sr. AR)

Section 124(3)Section 143(3)Section 144Section 170(2)Section 80I

reopened was Page | 6 ITA No. 2624/Mum/2025 A.Υ. 2008-09 DNH Spinners Private Limited Mumbai available in assessment records, assessee cannot challenge reassessment proceedings on ground that it was unaware of same Hon'ble Allahabad High Court in Suresh Chand Gupta Vs PCIT [2020] 117 taxmann.com 731 (Allahabad) held

Aftab Ahmad Shah, Delhi vs. Circle International Tax 3(1)(2), Delhi

In the result, both the appeals of the assessee in ITA Nos

ITA 1867/DEL/2024[2017-18]Status: DisposedITAT Delhi24 Jun 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Neeraj Jain, CAFor Respondent: Ms. Anjula Jain, CIT- DR

Section 1Section 142(1)Section 148Section 148ASection 151Section 271ASection 271FSection 5(2)Section 69ASection 9

based on the judgement in Ganesh Dass Khanna, the impugned orders and notices are set aside, liberty be given to the revenue to commence reassessment proceedings afresh. 13. Therefore, having regard to the aforesaid, the impugned notices and orders in each of the above-mentioned writ petitions are quashed

Aftab Ahmad Shah, Delhi vs. Circle International Tax 3(1)(2), Delhi

In the result, both the appeals of the assessee in ITA Nos

ITA 1866/DEL/2024[2016-17]Status: DisposedITAT Delhi24 Jun 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Neeraj Jain, CAFor Respondent: Ms. Anjula Jain, CIT- DR

Section 1Section 142(1)Section 148Section 148ASection 151Section 271ASection 271FSection 5(2)Section 69ASection 9

JCIT OSD Central-1, Bhopal vs. M/S Shakshi Town Ship P Ltd, Gwalior

ITA 94/IND/2021[2011-12]Status: DisposedITAT Indore23 Jun 2025AY 2011-12

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinha

Section 127Section 129Section 139Section 142(1)Section 143(1)Section 143(2)Section 144Section 147Section 148Section 68

आयकर अपीलीय अधिकरण, इंदौर न्यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI B.M. BIYANI, ACCOUNTANT

Income Tax Officer Ward 3(2)(1) Ahmedabad, Aaykar Bhawan Vejalpur Ahmedabad vs. Ramanbhai Jagabhai Bharwad, Ahmedabad

In the result, appeal of the Department is dismissed

ITA 1834/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad23 Jun 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Alpesh Parmar, CIT DRFor Respondent: Shri Tushar Hemani, Sr. Adv. & Shri

Section 148Section 149(1)(b)Section 151Section 69A

unexplained income under Section 69A of the Act. 3. In appeal, the assessee challenged the validity of the reassessment proceedings and the subsequent addition of Rs. 6.80 crore under Section 69A of the Act. The assessee submitted that as per Section 149(1)(b) of the Act, when issuing

Shivraj Shankar Gundewadi, Miraj vs. NFAC, Delhi

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

ITA 525/PUN/2025[2017-18]Status: DisposedITAT Pune23 Jun 2025AY 2017-18

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.525/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Shivraj Shankar Gundewadi, Vs. Ito, Nfac, Delhi. At Post Salgare, Tal.- Miraj, Pin Code- 416418. Pan : Ajdpg2612C Appellant Respondent Assessee By : None Revenue By : Shri S. Sadananda Singh Date Of Hearing : 18.06.2025 Date Of Pronouncement : 23.06.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 21.11.2023 Which Is Arising Out Of The Assessment Order U/S 147 R.W.S. 144 R.W.S.144B Of The Act For Assessment Year 2017-18 Framed On 30.03.2022 By The Ito, Nfac, Delhi. 2. When The Case Was Called For None Appeared On Behalf Of The Assessee. In The Past Also On The Dates Of Hearing Fixed On 02.04.2025 & 20.05.2025 Even After Validly Serving Of Notice Of Hearing, None Appeared Physically/Virtually. I Therefore Proceed To Deal With The Appeal.

For Appellant: NoneFor Respondent: Shri S. Sadananda Singh

Section 147Section 69

With the assistance of Ld. Departmental Representative I have perused the record and find that the assessee, who is an individual, was subject to reassessment proceedings for A.Y. 2017-18 but even after validly serving statutory notices, assessee failed to appear resulting into best judgement assessment framed by Ld. Assessing

Shakil Shakur Bijapure, Satara vs. DCIT Circle, Satara

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

ITA 1084/PUN/2025[2017-18]Status: DisposedITAT Pune23 Jun 2025AY 2017-18

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Rakesh Ranjan

Section 147Section 148Section 250

carrying out the re-assessment proceedings, valid notice u/s.148 of the Act have been issued and duly served upon the assessee and valid re-reassessment proceedings have been carried out by the AO. However, assessee failed to make any compliance to the various notices of hearing and ld. AO concluded

Raghu Satyanaryana Kollu, Kodad vs. ITO., Ward-1, Suryapet

In the result, both the captioned appeals are allowed in terms of the aforesaid observations

ITA 413/HYD/2025[2014-15]Status: DisposedITAT Hyderabad23 Jun 2025AY 2014-15

Bench: Us:

Section 147Section 148Section 250

have considered the submissions made by the appellant and the sources explained for the cash deposits of Rs. 13,68,699/- during the reassessment proceedings for the AY 2013-14. 9. On the facts and in the circumstances of the case, the learned CIT (A), NFAC, Delhi erred in upholding ... held that where the A.O did not issue notice u/s.143(2) of the Act upon the assessee, then the initiation of reassessment proceedings, order rejecting the assessee’s objection against the assumption of jurisdiction for reopening and also the reference to the TPO were to be quashed. 22. Apropos

Raghu Satyanaryana Kollu, Kodad vs. ITO., Ward-1, Suryapet

In the result, both the captioned appeals are allowed in terms of the aforesaid observations

ITA 412/HYD/2025[2013-14]Status: DisposedITAT Hyderabad23 Jun 2025AY 2013-14

Bench: Us:

Section 147Section 148Section 250

Oplus Steel and Power Private Limited (Formerly Known As Swati Concast & Power Private Limited), Kolkata vs. DCIT, Circle 5(1), Kolkata

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 698/KOL/2025[2017-18]Status: DisposedITAT Kolkata23 Jun 2025AY 2017-18

Bench: Shri Pradip Kumar Choubey&Shri Rakesh Mishra]

Section 147Section 154

notice u/s 147 or during the appellate proceedings and due to non-receipt of said notices the company was unable to respond the reassessment proceedings and appellate proceedings. Keeping in view, the submission, order passed by the Ld. CIT(A) as well as considering the Affidavit, we are inclined