← All Phrases

“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

Arjun Singh Meena, Jaipur vs. Income Tax Officer, Jaipur

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

ITA 42/JPR/2025[2010-11]Status: DisposedITAT Jaipur17 Apr 2025AY 2010-11

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Yogesh Kumar Sharma, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 144

file a return of income due to a belief that his income was below the taxable limit. 2. That the Assessing Officer (AO) initiated reassessment proceedings under section 147/148 of the Income Tax Act, 1961, based on information about cash deposits of Rs. 12,60,500 in the appellant

Pukhraj, Bharatpur vs. Income Tax Officer, WD-1, Bharatpur

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

ITA 1114/JPR/2024[2011-12]Status: DisposedITAT Jaipur17 Apr 2025AY 2011-12

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalpukhraj, C/O. Virendra Singh Gothiya, Atal Bandh Gate, Dhau Pyasa, Bharatpur 321 001 Pan No.: Birpp 6009G ...... Appellant Vs. Income Tax Officer Ward-1, Bharatpur ...... Respondent

For Appellant: Mr. Sankalp Pitaliya, CA, Ld. ARFor Respondent: Mr. Gautam Singh Choudhary, JCIT- Ld. DR
Section 148Section 250

Income tax cited at (2018) 403 ITR 434. Honourable Rajasthan High Court held that "Assessing officer cannot complete reassessment without service of notice and reassessment proceedings finalised without effecting proper service of notice are liable to be quashed." The fact of non-service of notice

ACIT, Circlle-34, Kolkata vs. Subhas Kumar Kedia, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1677/KOL/2024[2016-17]Status: DisposedITAT Kolkata17 Apr 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1677/Kol/2024 (नििाारण वर्ा / Assessment Year : 2016-2017) Acit, Circle-34, Kolkata Vs Subhas Kumar Kedia, 41, N.S.Road, Kolkata Pan No. :Afnpk 9669 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Ms. Shreya Loyalka, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2025 घोषणा की तारीख/Date Of Pronouncement : 17/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 05.06.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2016-2017, On The Following Grounds Of Appeal :- I) That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order U/S.148A(D) & All Subsequent Proceedings. Ii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Failed To Acknowledge The Fact That The Assesse Had Not Expressed Any Grievance Against The Validity Of Order U/S 148A(D) By Moving Any Writ Petition Which Should Have Been Done In Case Of Any Grievance After Getting The Sald Order U/S.148A(D). Iii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order When The Ld. Cit(A) Has No Jurisdiction To Deal With The Question Whether The 148A(D) Order Was Passed Validly Or Properly As An Order U/S.148A(D) Is Not An Appealable Order Before Ld. Cit(A) As Per Section 246A.

For Appellant: Ms. Shreya Loyalka, ARFor Respondent: Shri P.N.Barnwal, CIT-DR
Section 148Section 148ASection 149Section 151Section 246ASection 3Section 69A

Relaxation Act, 2020 also stipulated that the provisions, as they existed prior to the amendment by the Finance act, 2021, shall apply to the reassessment proceedings initiated thereunder." (vi) That on the facts and circumstances of the case, the Ld. CIT(Appeals), NFAC, Delhi, failed to acknowledge the CBDT Instruction ... Rajiv Shakdher J.] on 25-5-2023 and it was directed that there shall be a stay on the continuation of reassessment proceedings. 3.8 Thereafter, the petition was listed with the above-captioned batch of petitions on several dates and arguments were heard on behalf of the assessees

Harjinder Singh, Panipat vs. ITO, Ward-1, Panipat

In the result assessee’s appeal is allowed for statistical purposes

ITA 70/DEL/2025[2018-19]Status: DisposedITAT Delhi17 Apr 2025AY 2018-19

Bench: The Itat. The Assessee

Section 143(1)Section 144Section 144BSection 147Section 249(2)Section 249(3)

Subsequently, on receipt of information that assessee had bogus purchases of Rs. 17,31,974/-, the case was reopened. In reassessment proceedings the AO completed the assessment u/s 147 read with section 144 read with section 144B of the Act at an income of Rs. 21,67,374/- by adding

Rekha Yadav, Gurgaon vs. ITO Ward-5(1), New Delhi

In the result, assessee’s appeal is allowed for statistical purposes

ITA 336/DEL/2025[2012-13]Status: DisposedITAT Delhi17 Apr 2025AY 2012-13

Bench: DELHI BENCH “SMC”: NEW DELHI Ms. MADHUMITA ROY (Judicial Member)

Section 144Section 147Section 69Section 69A

Floor, Vivekanand 3 Rekha Yadav A.Y. 2012-13 Puri, Sarai Rohilla, Delhi-11007 on 29.11.2011. Accordingly, case of the assessee was reopened. In reassessment proceedings the assessee filed its return of income for A.Y. 2012-13 on 08.03.2013 declaring income of Rs.6,01,860/-. The AO completed the assessment

Assistant Commissioner of Income Tax, Circle-25(1), Delhi vs. Vikas Strips Private Limited, Delhi

In the result, the appeal of the revenue is dismissed and Rule 27

ITA 2811/DEL/2024[2008-09]Status: DisposedITAT Delhi17 Apr 2025AY 2008-09

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaacit, Vs. Vikas Strips Pvt. Ltd, Circle-25(1), 10, Ashoka Park, Rohtak Delhi Road, Delhi (Appellant) (Respondent) Pan: Aabcv7134J

For Appellant: Shri Sandeep Goel, AdvFor Respondent: Shri Amit Katoch, Sr. DR
Section 143(3)Section 148Section 151Section 68

instant case by not taking approval u/s 151 of the Act from the competent authority in the manner known to law. Accordingly, the entire reassessment proceedings are hereby quashed. Hence, one of the legal grounds in the Rule 27 Petition challenging the validity of assumption of jurisdiction

E Ashwath Narayan, Bangalore vs. Income Tax Officer, Ward-3(3)(1), Bangalore

In the result the appeal filed by the assessee is allowed

ITA 1920/BANG/2024[2015-16]Status: DisposedITAT Bangalore17 Apr 2025AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2015-16

For Appellant: Sri S. Satish, A.RFor Respondent: Ms. Neha Sahay, D.R
Section 142(1)Section 144Section 147Section 148Section 148ASection 149(1)Section 250Section 69A

that the show cause notice u/s 148A(b) of the Act dated 23/03/2022 granting just 6 (six) days to submit response vitiated the entire reassessment proceedings. The notice issued u/s 148A(b) of the act are reproduced below for the sake of convenience & reference – E. Ashwath Narayan, Bangalore Page ... Supreme Court in GKN Driveshafts (India) Ltd. V. ITO [2002] 125 Taxman 963 before any exercise of jurisdiction to initiate reassessment proceedings under section 148 of the Act. In the present case the AO should have passed a speaking Order U/s 148A(d) of the Act before directly jumped into

Pawan Kumar Chauhan, Mainpuri vs. ITO- Ward 2 (5), Agra

ITA 162/AGR/2022[2012-13]Status: DisposedITAT Agra16 Apr 2025AY 2012-13

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singh

Section 147Section 148Section 250(6)Section 80

grounds of appeal before or at the time of hearing.” 3. A perusal of the orders of authorities below reveal that in reassessment proceedings u/s. 147, addition was made to the income of the assessee on account of investment made in fixed assets amounting in all to Rs.15 ... assessee had purchased immovable property during the year of Rs.3,02,166/- and in the absence of any details of its PAN and ITR, reassessment proceedings were initiated by issuing notice u/s. 148 of the Act. 21Page ITA No. 162/Agr/2022 4. During the reassessment proceedings, the assessee furnished necessary details

Smt. Karamjit Kaur, Pathankot vs. Income Tax Officer Ward-6 (4), Gurdaspur

The appeal stand allowed for statistical purposes

ITA 342/ASR/2023[2012-13]Status: DisposedITAT Amritsar16 Apr 2025AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.342/Asr/2023 (िनधा"रणवष" / Assessment Year: 2012-13) Ms. Karamjit Kaur Ito, Ward 6(4) (D/O Shri. Balwinder Singh) Gurdaspur. बनाम/ H.No. 114, Village Fateh Nangal, Vs. Dhariwal, Tehsil & District Pathankot. Gurdaspur "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bdzpk-9406-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Tarsem Lal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Manpreet Singh Duggal – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 28-09-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 R.W.S. 147 Of The Act On 19-11-2019. It Could Be Seen That Ld. Ao Reopened The Case Of The Assessee To Verify The Cash Deposits. The Assessee Failed To Respond To Various Notices

For Appellant: Shri Tarsem Lal (Advocate) – Ld. ARFor Respondent: Shri Manpreet Singh Duggal – Ld. Sr. DR
Section 144

various documents to vehemently assail the reassessment jurisdiction of Ld. AO as well as quantum additions on merits. The Ld. AR sought quashing of reassessment proceedings on the ground that the reopening was without due application of mind. The Ld. Sr. DR, on the other hand, stated that the assessee

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT- Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 449/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh16 Apr 2025AY 2015-16

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R
Section 147Section 148Section 203(1)Section 263

principle of 'coram non judice' and following aforesaid judgments of the supreme court, it was held that if an assessee seeks to challenge the reassessment proceedings as being without jurisdiction, when action for rectification is sought to be taken on the assumption of the validity of the reassessment order, then ... assessee has to step in and protect its interests and the liberty to question even the validity of the reassessment proceedings ought to be given to it......." (emphasis supplied) 8. 8. Similar view was taken in another decision of the Tribunal in the case of Dhiraj Suri vs ACIT

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 448/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh16 Apr 2025AY 2014-15

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16 Vs Pcitchandigarh 1, Chandigarh Indo Pacific Finlease Ltd., Sco-98-99, Sector 34 Sub City Centre, Chandigarh 160002 स्थायीलेखासं./Panno. Aaaci2176E अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Sh. Ashok Goel, C.A. Revenue By : Sh.Rohit Sharma, Cit-D.R. Date Of Hearing :19.03.2025 Date Of Pronouncement ;16/04/2025 Physical Hearing Order Per Laliet Kumar, J.M.: Both The Appeals Are Being Filed By The Assessee, Feeling Aggrieved By The Order Passed By The Ld. Pr. Commissioner Of Income Tax, Chandigarh-1 Dated 28.03.2024& 23.03.2024 U/S 263 For The Assessment Years: 2014-15& 2015-16. 2. The Assessee Has Raised The Common Grounds Of Appeal In Ita Nos.448 & 449/Chd/2024 As Under:

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R
Section 147Section 148Section 203(1)Section 263

principle of 'coram non judice' and following aforesaid judgments of the supreme court, it was held that if an assessee seeks to challenge the reassessment proceedings as being without jurisdiction, when action for rectification is sought to be taken on the assumption of the validity of the reassessment order, then ... assessee has to step in and protect its interests and the liberty to question even the validity of the reassessment proceedings ought to be given to it......." (emphasis supplied) 8. 8. Similar view was taken in another decision of the Tribunal in the case of Dhiraj Suri vs ACIT

Grade One Events Pvt. Ltd., Ghaziabad vs. DCIT, Circle- 1, Ghaziabad

In the result, the captioned appeals filed by the assessees are allowed

ITA 1831/DEL/2018[2012-13]Status: DisposedITAT Delhi16 Apr 2025AY 2012-13

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2013-14 A.Y. 2014-15 A.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2019-20 A.Y. 2018-19

Section 24Section 263Section 263(1)

assessee has not submitted the details of loan obtained. It is the case of the assessee that during the course of assessment and reassessment proceedings under Section 153A of the Act the entire set of documents were duly submitted, the acknowledgement whereof is also part of the paper book filed ... respect to the end observation made by the Ld. PCIT in paras 7.2 to 7.4 were duly filed before the Ld. AO in the reassessment proceedings initiated under Section 153A of the Act. Such fact has not been controverted by the Ld. DR before us. Thus, the order impugned invoking

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

vide order dated 24.12.2009 at a loss of Rs. 3,80,38,807/-. Thereafter vide notice u/s 148 of the Act dated 31.03.2014, the reassessment proceedings were initiated in the case of the assessee and the assessment order was passed u/s 147 / 143(3) of the Act on 26.03.2015 wherein ... assumption of valid jurisdiction 3.2. That the CIT(A) erred on facts and in law in not appreciating that the initiation of reassessment proceedings under section 147 of the Act was, in any case, barred by limitation prescribed in first proviso to that section. 3.3. That the CIT(A) erred

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

vide order dated 24.12.2009 at a loss of Rs. 3,80,38,807/-. Thereafter vide notice u/s 148 of the Act dated 31.03.2014, the reassessment proceedings were initiated in the case of the assessee and the assessment order was passed u/s 147 / 143(3) of the Act on 26.03.2015 wherein ... assumption of valid jurisdiction 3.2. That the CIT(A) erred on facts and in law in not appreciating that the initiation of reassessment proceedings under section 147 of the Act was, in any case, barred by limitation prescribed in first proviso to that section. 3.3. That the CIT(A) erred

Bses Rajdhani Power Ltd., New Delhi vs. ACIT, Cicle- 5(1), New Delhi

In the result, the appeal of the revenue is dismissed

ITA 4851/DEL/2017[2005-06]Status: DisposedITAT Delhi16 Apr 2025AY 2005-06

Bench: Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: NoneFor Respondent: Shri Amit Katoch, Sr. DR
Section 144BSection 147Section 148Section 148ASection 151Section 151(1)

time barred and it was issued with the prior approval of the Id JCIT instead of Id PCCIT. It was also submitted that reassessment proceedings were initiated merely on the basis of suspicion without having any tangible material having live link to form a belief that the income ... applicable w.e.f. 01.04.2021 as the provisions of Section 149(1)(b) of the Act cannot be invoked in the instant case and thus the reassessment proceedings are liable to be dropped. Further, it was submitted that the new provisions relating to reassessment proceedings from Section 147 to Section

The Yanam Co Operative Stores Limited, Yanam vs. Principal Commissioner of Income Tax, Visakhapatnam

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

ITA 45/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam15 Apr 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

For Appellant: Shri Harsha Haridasu, C.AFor Respondent: : Dr. Satyasai Rath, CIT-DR
Section 139Section 147Section 148Section 237Section 263

Engineering Works (P) Ltd. (1992) 198 ITR 297 (SC) stating that, since the assessee did not file any ROI u/s.139 of the Act, the reassessment proceedings u/s.147 of the Act could not be used for the benefit of the assessee. The Ld. PCIT also observed that the refund granted ... supra) stating that, the issue in that case was whether the assessee could claim additional deduction or exemption unrelated to the escaped income in reassessment proceedings. The Hon'ble Supreme Court in that case held that, reassessment is meant to assess escaped income and cannot be used as an opportunity

Income Tax Officer, Vizianagaram vs. Chitripu Umamaheswara Rao, Vizianagaram

In the result, the appeal of revenue is dismissed

ITA 509/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam15 Apr 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.509/Viz/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Income Tax Officer, Shri Chitripu Umamaheswara Rao, Vs. Vizianagaram. Vizianagaram. Pan:Aawpu2149L (Appellant) (Respondent) C.O. No.04/Viz/2025 (Assessment Year : 2017-18) (By Assessee) निर्धाररती द्वधरध/Assessee By: Shri G.V.N. Hari, Advocate रधजस् व द्वधरध/Revenue By:: Dr. Satyasai Rath, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 24/03/2025 घोर्णध की तधरीख/Pronouncement: 15/04/2025 आदेश/Order Per Madhusudan Sawdia, A.M.:

For Appellant: Shri G.V.N. Hari, AdvocateFor Respondent: : Dr. Satyasai Rath, CIT-DR
Section 147Section 148

ought to have quashed the notice issued in the case of the appellant u/s.148 of the Act as invalid and the consequent reassessment proceedings as void ab initio. 2. The Ld. CIT(A) is justified in deleting the addition of Rs.3,47,85,000/- made by the Assessing Officer towards

M/S. Pushpak Bullion Pvt. Ltd., Ahmedabad vs. The DCIT, Circle-3(1)(1), Ahmedabad

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

ITA 1771/AHD/2019[2007-08]Status: DisposedITAT Ahmedabad15 Apr 2025AY 2007-08

Bench: Jurisdictional High Court & The Hon’Ble Gujarat High Court Dismissed The Writ Petition Filed By The Assessee Vide Judgment Dated 27-06-2016 In Sca No. 18512 Of 2015 & Upheld The Validity Of The Reassessment Notice.

Section 133(6)Section 143(1)Section 147Section 148Section 68

assessee vide judgment dated 27-06-2016 in SCA No. 18512 of 2015, and upheld the validity of the reassessment notice. 2.1. During reassessment proceedings, the Assessing Officer sent notices u/s. 133(6) to the three unsecured creditors, the same were returned unserved by Postal Authorities. The assessee failed ... DCIT 4. The reasons recorded do not state anything about share application money of Rs. 90,00,000/- and therefore the reassessment proceedings is bad in law. Merits: 5. The learned CIT(A) has erred in confirming the addition of Rs. 14,17,30,000 as cash credit under Section

Income Tax Officer Ward -2(1), Moradabad vs. Zakira Khan, Moradabad

In the result, the appeal of the revenue is dismissed

ITA 4851/DEL/2024[2016-17]Status: DisposedITAT Delhi15 Apr 2025AY 2016-17

Bench: Shri Mahavir Singh & Shri M. Balaganeshincome Tax Officer, Vs. Zakira Khan, Ward-2(1), Civil Linies, Moradabad Moradabad, Uttar Pradesh (Appellant) (Respondent) Pan: Aitpk1754A

For Appellant: NoneFor Respondent: Shri Amit Katoch, Sr. DR
Section 144BSection 147Section 148Section 148ASection 149Section 151Section 151(1)

time barred and it was issued with the prior approval of the ld JCIT instead of ld PCCIT. It was also submitted that reassessment proceedings were initiated merely on the basis of suspicion without having any tangible material having live link to form a belief that the income ... applicable w.e.f. 01.04.2021 as the provisions of Section 149(1)(b) of the Act cannot be invoked in the instant case and thus the reassessment proceedings are liable to be dropped. Further, it was submitted that the new provisions relating to reassessment proceedings from Section 147 to Section

Sunil Kumar Jain, New Delhi vs. ITO, Ward 61(3), New Delhi

In the result, the appeal of the assessee is allowed

ITA 2429/DEL/2023[2012-13]Status: DisposedITAT Delhi15 Apr 2025AY 2012-13

Bench: Shri M. Balaganeshsunil Kumar Jain, Vs. Ito, C/O. Kapil Goel, Adv, Ward-61(3), F-26/124, Sector-7, New Delhi Rohini, Delhi Pan: Appellant Respondent Pan: Aaupj2703P Assessee By : Dr. Kapil Goel, Adv Revenue By: Shri Sanjay Kumar, Sr. Dr Date Of Hearing 11/02/2025 Date Of Pronouncement 15/04/2025

For Appellant: Dr. Kapil Goel, AdvFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 147Section 148Section 151

furnished to an assessee along with the reasons to believe. The statutory scheme encapsulated in the Act provides that reassessment proceedings cannot be triggered till the Assessing Officer has reasons to believe that income, which is otherwise chargeable to tax, has escaped assessment and the reasons recorded ... decisions, I hold that the entire assumption of jurisdiction under section 147 of the Act in the instant case is flawed and accordingly the reassessment proceedings are hereby quashed. Since the entire re-assessment is quashed on technical ground, the other grounds need not be gone into and they