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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

Dilipchand Sobhagchand Chopda, Latur vs. ITO, Ward-1, Latur

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

ITA 255/PUN/2025[2015-16]Status: DisposedITAT Pune27 May 2025AY 2015-16

Bench: Shri Rama Kanta Panda, Vice- & Ms. Astha Chandra

For Appellant: Shri Shubham N. Rathi, AdvocateFor Respondent: Shri Amol Khairnar, CIT-DR
Section 147Section 250Section 69A

Officer (“AO”) completed the reassessment ex-parte on account of non-compliance to the notice(s)/ show cause notice issued by him during the reassessment proceedings. The Ld. AO made an addition of Rs. 83,25,62,575/- being the amounts credited in assessee’s ICICI bank account ... Ground no. 2 with its sub-ground nos. 2.1 to 2.3, the assessee has raised a legal ground challenging the validity of initiation of reassessment proceedings, however, the Ld. Counsel for the assessee has 5 ITA.No.255/PUN./2025 (Dilipchand Sobhagchand Chopda) not made any submissions and/ or placed any argument

Smt Anjali Praphull Shivale, Pune vs. ACIT Circle2(3), Pune

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

ITA 1583/PUN/2024[2018-19]Status: DisposedITAT Pune27 May 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

return of income. On this basis the case of the appellant was reopened after recording the reasons. 3.4 During the course of the reassessment proceedings, the appellant vide specific questionnaire issued dated 29/01/2022 was asked to submit his explanation in this regard. In response to which the appellant furnished ... sales receipt as found during the course of survey action with the books of accounts maintained by him and his wife. Even during the reassessment proceedings under consideration, the appellant failed to file any reconciliation statement in spite of providing sufficient opportunity. It is evident from the Pages No.1

Shri Praphull Kaluram Shivale, Pune vs. Central Circle 2(3), Pune

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

ITA 1582/PUN/2024[2014-15]Status: DisposedITAT Pune27 May 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

return of income. On this basis the case of the appellant was reopened after recording the reasons. 3.4 During the course of the reassessment proceedings, the appellant vide specific questionnaire issued dated 29/01/2022 was asked to submit his explanation in this regard. In response to which the appellant furnished ... sales receipt as found during the course of survey action with the books of accounts maintained by him and his wife. Even during the reassessment proceedings under consideration, the appellant failed to file any reconciliation statement in spite of providing sufficient opportunity. It is evident from the Pages No.1

Shri Praphull Kaluram Shivale, Pune vs. Central Circle 2(3), Pune

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

ITA 1581/PUN/2024[2014-15]Status: DisposedITAT Pune27 May 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

return of income. On this basis the case of the appellant was reopened after recording the reasons. 3.4 During the course of the reassessment proceedings, the appellant vide specific questionnaire issued dated 29/01/2022 was asked to submit his explanation in this regard. In response to which the appellant furnished ... sales receipt as found during the course of survey action with the books of accounts maintained by him and his wife. Even during the reassessment proceedings under consideration, the appellant failed to file any reconciliation statement in spite of providing sufficient opportunity. It is evident from the Pages No.1

Shri Praphull Kaluram Shivale, Pune vs. Central Circle 2(4), Pune

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

ITA 1577/PUN/2024[2016-17]Status: DisposedITAT Pune27 May 2025AY 2016-17

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

return of income. On this basis the case of the appellant was reopened after recording the reasons. 3.4 During the course of the reassessment proceedings, the appellant vide specific questionnaire issued dated 29/01/2022 was asked to submit his explanation in this regard. In response to which the appellant furnished ... sales receipt as found during the course of survey action with the books of accounts maintained by him and his wife. Even during the reassessment proceedings under consideration, the appellant failed to file any reconciliation statement in spite of providing sufficient opportunity. It is evident from the Pages No.1

Shri Praphull Kaluram Shivale, Pune vs. Central Circle 2(4), Pune

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

ITA 1038/PUN/2024[2015-16]Status: DisposedITAT Pune27 May 2025AY 2015-16

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

return of income. On this basis the case of the appellant was reopened after recording the reasons. 3.4 During the course of the reassessment proceedings, the appellant vide specific questionnaire issued dated 29/01/2022 was asked to submit his explanation in this regard. In response to which the appellant furnished ... sales receipt as found during the course of survey action with the books of accounts maintained by him and his wife. Even during the reassessment proceedings under consideration, the appellant failed to file any reconciliation statement in spite of providing sufficient opportunity. It is evident from the Pages No.1

Ms. Sunil Gajraj Yadav, Mumbai vs. Income Tax Officer 42(3)(4), Mumbai

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

ITA 658/MUM/2025[2013-14]Status: DisposedITAT Mumbai27 May 2025AY 2013-14

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhail

For Appellant: Shri Sanjay R. ParikhFor Respondent: Shri Arun Kati Datta, CIT (DR)
Section 147Section 148Section 250

return of income on 20/07/2022, declaring a total income of INR 1,99,300. In response to the show cause notice issued during the reassessment proceedings, the assessee submitted that his PAN was misused without his knowledge and a bank account was opened in the Axis Bank fraudulently. The assessee ... Ason Trading Co Ltd was opened with the Axis Bank with his PAN details. It is evident from the record that during the reassessment proceedings, the assessee has brought to the knowledge of the AO that an investigation by the CBI has already been initiated in respect of the fraudulent

ITO, Ward 16(2)(1), Mumbai vs. Laxmilal Sethia, Mumbai

In the result, both, appeal of the Revenue and the cross objection filed by the assessee are dismissed

ITA 588/MUM/2025[2011-12]Status: DisposedITAT Mumbai27 May 2025AY 2011-12

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2011-12

For Appellant: Shri. Laxmilal Sethia, Assessee in personFor Respondent: Shri. Nihar Ranjan Samal, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 153CSection 68

research for which Kolkata investigation Directorate had undertaken investigation into several penny stock cases and had found a modus operandi involving operators and intermediaries. Reassessment proceedings were initiated by issuing notice u/s. 148, on 31.03.2016. Assessee had objected on the said proceedings which were disposed of by the ld. Assessing ... Based on the above information the case of the appellant was reopened by issuing notice u/s 148 of the Income Tax Act, 1961 and reassessment proceedings was undertaken 7.5 During the course of the assessment proceedings the appellant has submitted that he has purchased 10,000 shares of NCL Research

Sandeep Champaklal Shah, Mumbai vs. ITO Ward 31(1)(1), Mumbai

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

ITA 1816/MUM/2025[2014-15]Status: DisposedITAT Mumbai27 May 2025AY 2014-15

Bench: SHRI. OM PRAKASH KANT (Accountant Member), MS. KAVITHA RAJAGOPAL (Judicial Member)

For Appellant: Shri. Dharmesh Shah & Jigna JainFor Respondent: Shri. Satya Pal Kumar – CIT (DR)
Section 142(1)Section 147Section 148Section 148ASection 194ISection 250Section 69

erred in law and in facts in not appreciating that the notice issued u/s 148 of the Act and the reassessment proceedings conducted u/s 147 of the Act were bad in law and void ab initio. 3. The Ld. CIT(A) has erred in law and in facts in passing

Hetal Daxesh Shah, Mumbai vs. A. C. of Income Tax 19 (1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 176/MUM/2025[2012-2013]Status: DisposedITAT Mumbai27 May 2025AY 2012-2013

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhan

Section 10(38)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 68Section 69C

defect and the same cannot be sustained and is hereby set-aside. 19. In view of the aforesaid discussions where we have quashed the reassessment proceedings u/s 147 in view of jurisdictional ITA No. 176/Mum/2025; A.Y. 2012-13 16 defect, other contentions raised by the ld AR on merits

Bajrangllal Mangalchand Sharma, Mumbai vs. Income Tax Officer 42(1)(1), Mumbai

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

ITA 6837/MUM/2024[2017-18]Status: DisposedITAT Mumbai27 May 2025AY 2017-18

Bench: SHRI PAWAN SINGH (Judicial Member)

Section 144Section 148Section 148ASection 151Section 151ASection 249(2)Section 254(1)Section 50CSection 69A

proper sanction as required under section 151(ii) of the Act. The appellant respectfully submits that in absence of the valid sanction the entire reassessment proceedings are invalid and the same deserves to be quashed. The appellant, therefore, prays that the reassessment made in his case may please be quashed

Subhash Chandra, Uttar Pradesh vs. Income Tax Department, Agra

In the result, the appeal filed by the assessee stands

ITA 6449/MUM/2024[2016-17]Status: DisposedITAT Mumbai27 May 2025AY 2016-17

Bench: Hon’Ble Shri Sandeep Gosain

Section 139(1)Section 142(1)Section 147Section 148Section 148ASection 250Section 56(2)(vii)

AFEPC7113H) (herein after ‘assessee/ appellant’), an individual non resident of India, for the Assessment Year (‘AY') 2016-17. The Income Tax Department initiated reassessment proceedings under section 147 of the Income Tax Act, 1961, based on information that the assessee purchased immovable property worth Rs. 53,82,256 during ... salary income was not linked to the property purchase in the recorded reasons for reopening. The investigation into the salary income arose during the reassessment proceedings, particularly through the notice under section 142(1) dated 22.12.2023. Since the salary income was not part of the original basis for reopening

Sanjay Natwarlal Desai, Mumbai vs. ITO -33(1)(1), Mumbai

ITA 4045/MUM/2024[2013-14]Status: DisposedITAT Mumbai27 May 2025AY 2013-14

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhail

For Appellant: Shri Pradeep SagarFor Respondent: Shri Bhangepatil Pushkaraj Ramesh, Sr.DR
Section 147Section 148Section 148ASection 149(1)(a)Section 250Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL

ACIT, Circle-1, Bhavnagar vs. Leela News Network Private Limited, Bhavnagar, Gujarat

In the result the appeal filed by the Revenue is hereby dismissed

ITA 1714/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad26 May 2025AY 2018-19

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

Section 115BSection 132Section 147Section 148Section 148ASection 68

possession of any material on record that the transaction with the assessee is an accommodation entry. Whereas the assessee during the course of reassessment proceedings explained that the amount in question was not a loan, but rather an advance consideration for the proposed sale of immovable property located

Hemant Gordhanbhai Patel, Nadiad vs. The ACIT, Intl. Taxn., Vadodara

In the result, Ground No. 1 of the assessee’s appeal is allowed

ITA 1684/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad26 May 2025AY 2014-15

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Divyakant Parikh, A.RFor Respondent: Shri Veerbadram Vislavath, Sr. DR
Section 147Section 250Section 69

deserved to be quashed. It be quashed now. 2. Both the lower authorities erred in law and on facts in initiating and affirming the reassessment proceedings as there was no any escapement of income chargeable to tax when the appellant had made investment in purchase of property from

Siva Sakthi Sathya Sai Charitable Trust, Chennai vs. ITO, Exemptions Ward 4, Chennai

In the result, the appeal of the assessee is allowed

ITA 2944/CHNY/2024[2018-19]Status: DisposedITAT Chennai26 May 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 2944/Chny/2024 िनधा"रण वष" / Assessment Year: 2018-19 Siva Sakthi Sathya Sai Charitable Income Tax Officer, Trust, Vs. Exemptions Ward 4, 3/16, Ponniamman Koil Street, Chennai. Alapakkam, Chennai – 600 116. [Pan: Aadts-5679-J] (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Dr. M.D. Vijay Kumar, J.C.I.T
Section 11Section 139

High Court of Delhi has clearly stated that the assessee is not precluded from filing a revised Form-10 during the reassessment proceedings. 19. In the facts and circumstances of the case and respectfully following the judicial precedents (supra), we are of the considered view that the AO and that

Kogod Basavaraju Jayachandra, Hassan vs. Deputy Commissioner of Income Tax, Central Circle-1(2), Bangalore

In the result the ITA No

ITA 1618/BANG/2024[2017-18]Status: DisposedITAT Bangalore26 May 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

For Appellant: Shri. Ramesh, CAFor Respondent: Shri.Shivanand Kalakeri, CIT(DR)(ITAT), Bangalore
Section 132(4)Section 133(6)Section 133ASection 143(3)Section 147Section 148Section 151Section 153CSection 234A

which are not part of the very basis for reopening or part of the reasons recorded , therefore during the course of reassessment proceedings any further addition is made by AO is also not sustainable. Our view is supported by the decision of the coordinate Bench of ITAT Agra reported ... fact that the Assessing Officer accepts that position by not making related addition, no further additions can be made in the course of such reassessment proceedings. The very initiation of reassessment proceedings in such a case ceases to be of any effect. In other words, the resultant reassessment proceedings

Kogod Basavaraju Jayachandra, Hassan vs. Deputy Commissioner of Income Tax, Central Circle-1(2), Bangalore

ITA 1617/BANG/2024[2015-16]Status: DisposedITAT Bangalore26 May 2025AY 2015-16

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

Section 132(4)Section 133(6)Section 133ASection 143(3)Section 147Section 148Section 151Section 153CSection 234A

which are not part of the very basis for reopening or part of the reasons recorded, therefore during the course of reassessment proceedings any further addition is made by AO is also not sustainable. Our view is supported by the decision of the coordinate Bench of ITAT Agra reported ... fact that the Assessing Officer accepts that position by not making related addition, no further additions can be made in the course of such reassessment proceedings. The very initiation of reassessment proceedings in such a case ceases to be of any effect. In other words, the resultant reassessment proceedings

Rajiv Kumar Khanna, Noida vs. ACIT, Circle- 19, New Delhi

Appeal is allowed

ITA 7840/DEL/2018[2010-11]Status: DisposedITAT Delhi26 May 2025AY 2010-11

Bench: Shri Satbeer Singh Godara

Section 143(3)Section 151

## IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI ## BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.7840/Del/2018

Kalpana Vijay Kadam, Pune vs. ITO, Ward 2(2), Pune

In the result, appeal of the assessee is Partly Allowed

ITA 841/PUN/2025[2016-17]Status: DisposedITAT Pune23 May 2025AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.841/Pun/2025 िनधा"रण वष" / Assessment Year: 2016-17 Kalpana Vijay Kadam, V The Income Tax Officer, Fi 13, Janki Heights, S.No.250, S. Ward-2(2), Pune. Baner D P Road, Aundh, Pune – 411007. Maharashtra. Pan: Axzpk4350P Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas P. Bora – Ar Revenue By Shri Manish Mehta – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 23/05/2025 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], Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 06.02.2025 For The A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In Law, The Learned Commissioner Of Income Tax (Appeals) [Cit(A)] Erred In Passing An Ex-Parte Order Without Affording A Reasonable Opportunity To The Appellant. The Order Was Solely Based On The Observations Of The Assessing Officer (Ao) In The

Section 139(1)Section 147Section 148Section 148ASection 250Section 69C

void ab initio for the following reasons: i. The alleged escaped income is less than Rs. 50 lakhs, rendering the reassessment proceedings invalid. ii. The reopening was based on mere presumption and surmises, as it was initiated on borrowed satisfaction without independent application of mind