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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

Usha Rani Chebrolu, Guntur vs. Income-Tax Officer, Ward-2(1), Guntur

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

ITA 532/VIZ/2024[2015-16]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2015-16

Bench: Shrik Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Hybrid Hearing) आयकर अपीलसं./ I.T.A.532/Viz/2024 (ननधधारण वर्ा/ Assessment Year: 2015-16) Usha Rani Chebrolu, Vs. Income Tax Officer, Guntur. Ward-2(1), Pan: Abmpc8555B Guntur. (अपीलधथी/ Appellant) (प्रत्यथी/ Respondent) अपीलधथी की ओर से/ Assessee By : Sri I. Kama Sastry, Ar प्रत्यधथी की ओर से/ Revenue By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Sri I. Kama Sastry, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 147Section 148Section 148ASection 149(1)(b)Section 56Section 69A

order of the Ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds of appeal: “1. The entire reassessment proceedings are bad in law as the notice U/s. 148 dated 8/4/2022 has never been served on the assessee either electronically or physically except ... show cause notice U/s. 148A(b) dated 19/03/2022 is invalid as the same has not given 7 clear days for compliance consequently the entire reassessment proceedings are invalid and void ab initio. 4. The notice U/s. 148 dated 8/4/2022 issued by the Income Tax Officer, Ward-2(1), Guntur

Income Tax Officer Ward Hingoli Camp at Parbhani, Parbhani vs. Rajaram Ramswarup Jaju, Selu Parbhani

In the result, the cross objection filed by the assessee in C

ITA 1882/PUN/2024[2016-17]Status: DisposedITAT Pune07 Mar 2025AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1882/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Ito, Ward Hingoli Camp At Vs. Rajaram Ramswarup Parbhani, Parbhani. Jaju, 223, Jaju Industries Atre Nagar, Selu, Parbhani- 431503. Pan : Aakpj4951H Appellant Respondent C.O. No.35//Pun/2024 (Arising Out Of Ita No.1882/Pun/2024) िनधा"रण वष" / Assessment Year : 2016-17 Rajaram Ramswarup Jaju, Vs. Ito, Ward Hingoli 223, Jaju Industries Atre Camp At Parbhani, Nagar, Selu, Parbhani. Parbhani- 431503. Pan : Aakpj4951H Appellant Respondent Revenue By : Shri Basavaraj Hiremath Assessee By : Shri Anand R. Partani & Shri Darshan R. Gattani Date Of Hearing : 09.12.2024 Date Of Pronouncement : 07.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 15.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment

For Appellant: Shri Anand R. Partani &For Respondent: Shri Basavaraj Hiremath
Section 142(1)Section 147Section 148Section 69A

Shri Renuka Mata Multi State Urban Co-operative Credit Society Ltd. during the financial year 2015-16. Considering this information, the Assessing Officer initiated reassessment proceedings u/s 147 of the IT Act for the Assessment Year 2016-17. Following the initiation of proceedings, a notice u/s 148 dated ... taken prior approval of the appropriate specified authority as specified in section 151 of the Act. Hence the reassessment proceedings are liable to be quashed.” 7. With regard to the above ground no.1, Ld. AR submitted before us that the Assessing Officer has not taken prior approval of the appropriate