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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

Pavan Raghumal Wadhwani, Pune vs. CIT NFAC, Pune

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

ITA 316/PUN/2025[2015-16]Status: DisposedITAT Pune29 May 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.316/Pun/2025 िनधा"रण वष" / Assessment Year : 2015-16 Pavan Raghumal Wadhwani, Vs. Assessment Unit, Income Bungalow No.30B, Goodwill Tax Department, Nfac, Co-Op. Housing Society, Next Delhi. To Sarjaa Hotel, Iti Road, Aundh, Pune- 411007. Pan : Aahpw5645C Appellant Respondent Assessee By : Shri Shubam S. Pednekar Revenue By Shri Milind Debaje : Date Of Hearing : 23.04.2025 Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. There Is Delay In Filing The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Condonation Application Duly Supported By An Affidavit That The Assessee Was Prevented By Reasonable Cause For Not Filing The Present Appeal In Time. Ld. Dr

For Appellant: Shri Shubam S. Pednekar
Section 142(1)Section 147Section 148Section 69

savings bank account. However, assessee has not offered this income for taxation as no return of income was filed by the assessee. Accordingly, reassessment proceedings were initiated u/s 147 of the IT Act after obtaining prior approval from the competent authority and notice

Kamalesh Kumar Tripathi, Kolkata vs. I.T.O., Ward - 52(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2513/KOL/2024[2012-2013]Status: DisposedITAT Kolkata29 May 2025AY 2012-2013

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2513/Kol/2024 Assessment Year: 2012-2013 Kamalesh Kumar Tripathi,…………….………Appellant Vishwasadan Co-Op. Housing Society, Action Area-1A, Plot No. Al/1/E/3, Flat 2B, Street No. 15, New Town, Kolkata-700156 [Pan:Abjpt4000B] -Vs.- Income Tax Officer,……………………..……...Respondent Ward-52(2), Kolkata, Bamboo Villa, Central Revenue Building, 169, A.J.C. Bose Road, Kolkata-700014 Appearances By: Shri S.K. Tulsian, A.R., Appeared On Behalf Of The Assessee Shri L.N. Dash, Addl. Cit (D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 12, 2025 Date Of Pronouncing The Order: May 29, 2025 O R D E R

Section 143(3)Section 147Section 148Section 153CSection 250Section 69A

153C of the Act were applicable in the present case for framing the assessment, if any, which that the Assessing Officer has initiated reassessment proceedings in the present case on the basis of information received based on the material found excludes the application of sec. 147 of the Act hence ... then the ld. Assessing Officer ought have to initiate the proceeding under section 153C of the Act, but ld. Assessing Officer has initiated the reassessment proceedings under section 147 of the Act on the basis of information received 5 Kamalesh Kumar Tripathi on the seized material found. Therefore

Rahul M Dalmia, Mumbai vs. ITO Ward 25(3)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 3883/MUM/2024[2008-09]Status: DisposedITAT Mumbai29 May 2025AY 2008-09

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2008-09 Rahul M Dalmia Ito Ward 25(3)(3) 12-A, 5Th Floor, Raj Milan, Mumbai-400051. Dixit Road, Vile Parle East, Vs. 400057. Pan: Aabpd4501G (Appellant) (Respondent) Present For: Assessee : Shri. Bhupendra Shah, Ca Revenue : Shri. Kiran Unavekar, Sr. Dr Date Of Hearing : 25.03.2025 Date Of Pronouncement : 29.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-4, Kolkata, Vide Order No. Itba/Apl/S/250/2024-25/ 1066557784(1) Dated 09/07/2024 Passed Against The Assessment Order By Income Tax Officer - 25(3)(3), Mumbai, U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 10.02.2016 For Assessment Year 2008-09. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) Merely On The Basis Of Borrowed Satisfaction, Presumption & Surmises. 2. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) By Issuing Reopening Notice On 19/03/2015. 2 Rahul M Dalmia, A.Y. 2008-09

For Appellant: Shri. Bhupendra Shah, CAFor Respondent: Shri. Kiran Unavekar, Sr. DR
Section 131Section 143(3)Section 147Section 148Section 234Section 271

similar reason that he had entered into bogus purchase transactions with certain concerns. In the reassessment proceedings of Shri. Arun Agarwal, the order was passed, dated 11.03.2015, by the office of ITO 24(1)(2), Mumbai, whereby disallowance was made on account of bogus purchases in his assessment by taking ... assessee before the Ld.AO for which there is no justification. Again, it noted in para 29 that the assessee chose not to attend the reassessment proceedings even though the notices were sent by post, email and affixture. Accordingly, in para 13, Hon’ble Court concluded that assessee having not joined