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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

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 637/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

hereinafter referred to as “CIT(A)”], pertaining to Assessment Years 2015–16, 2016–17, and 2017–18. The said appellate orders arise out of reassessment proceedings initiated under section 147 of the Income-tax Act, 1961 ITA Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys ... record. 4.1 It is not in dispute that in all three assessment years under appeal A.Ys. 2015-16, 2016-17, and 2017-18 the reassessment proceedings were initiated under section 147 of the Act, on the basis of documents impounded during a survey in the case of M/s. Krishna Developers

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 636/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

hereinafter referred to as “CIT(A)”], pertaining to Assessment Years 2015–16, 2016–17, and 2017–18. The said appellate orders arise out of reassessment proceedings initiated under section 147 of the Income-tax Act, 1961 ITA Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys ... record. 4.1 It is not in dispute that in all three assessment years under appeal A.Ys. 2015-16, 2016-17, and 2017-18 the reassessment proceedings were initiated under section 147 of the Act, on the basis of documents impounded during a survey in the case of M/s. Krishna Developers

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 635/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

hereinafter referred to as “CIT(A)”], pertaining to Assessment Years 2015–16, 2016–17, and 2017–18. The said appellate orders arise out of reassessment proceedings initiated under section 147 of the Income-tax Act, 1961 ITA Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys ... record. 4.1 It is not in dispute that in all three assessment years under appeal A.Ys. 2015-16, 2016-17, and 2017-18 the reassessment proceedings were initiated under section 147 of the Act, on the basis of documents impounded during a survey in the case of M/s. Krishna Developers

Irm Private Limited, Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

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

ITA 1590/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Abhijit, SR-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 14ASection 194HSection 194J

taxable receipts which were not reflected in its books of account or return of income. The reasons recorded by the Assessing Officer before initiating reassessment proceedings disclosed the following: (i) That Green Channel Travel Services Ltd. had received fees of Rs. 5,29,440/- under section 194J and commission/brokerage ... satisfied with the order of AO, the assessee preferred an appeal before the CIT(A) raising multiple grounds, including challenge to the validity of reassessment proceedings, denial of natural justice, and the merits of the three additions. The assessee also filed written submissions and contended, inter alia, that the reopening