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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

Vaishali Keshav Kulkarni, Pune vs. ITO Ward 13(2), Pune

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

ITA 540/PUN/2025[2015-16]Status: DisposedITAT Pune28 May 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.540/Pun/2025 निर्धारण वर्ष / Assessment Year: 2015-16 Vaishali Keshav Kulkarni, Flat No.3, Hermes Grandstand Society, Kavade Maal Sopan Baug, Pune Cantt East So., Pune 411001. Pan: Atjpk4884A Appellant/ Assessee V The Income Tax Officer, S Ward-13(2), Pune. Respondent / Revenue Assessee By Shri Kartik Natrajan – Ca/Ar Revenue By Shri Harish Bist – Addl.Cit(Dr) Date Of Hearing 03/04/2025 Date Of Pronouncement 28/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 13.12.2024 For Assessment Year 2015-16 Emanating From Assessment Order U/S.147 R.W.S 144 Dated 05/03/2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 147Section 148Section 148ASection 149Section 250

information obtained by the JAO and the Ld. CIT has failed to appreciate the fact that information on the basis of which the entire reassessment proceedings are initiated was an incorrect information. There was no such sale transaction of Rs.3.60 Crs took place in the name of the assessee during ... Scheme, 2022 and Faceless Jurisdiction 9 ITA No.540/PUN/2025 [A] of Income-tax Authorities Scheme, 2022, wherein it is mentioned that the conduct/initiation of the reassessment proceedings under section 147, 148 and 148A of the Act, should be done in a faceless manner. 4. During the course of assessment

Aashiyana Infrastructure Development Private Limited, Faridabad vs. ITO, Ward 1(2), New Delhi

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

ITA 3033/DEL/2024[2012-13]Status: DisposedITAT Delhi28 May 2025AY 2012-13

Bench: Shris.Rifaur Rahmanaashiyana Infrastructure Development Vs. Ito, Ward 1 (2), Private Limited, Delhi. Plot No.830, Near Asian Hospital, Sector 21A, Faridabad – 121 001 (Haryana). (Pan : Aafca2236A) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Sumit Lal Chandani, Advocate Shri Shivam Yadav, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 28.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.04.2024 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2012-13 On 28.09.2012 Declaring Income Of Rs.31,22,410/- Which Was Revised On 21.09.2013 At An Income Of Rs.22,16,310/-. The Case Was Selected For Scrutiny & The Assessment U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 68Section 69C

penalty proceedings under section 271 (1)( c) of the Act.” 5. At the time of hearing, ld. AR of the assessee challenged that the reassessment proceedings are barred by limitation in view of the provisions of section 147 of the Act, hence the assessment order dated 16.12.2019 passed under section ... that original assessment u/s 143(3) was 7 completed on 20.03.2015 and assessed the income of Rs.24,03,970/-. It is also fact that reassessment proceedings were initiated beyond four years. As per the proviso to section 147 of the Act, where assessment u/s 143(3) made, no action under