“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

Income Tax Officer, International Taxation, Ward-1(2), Bengaluru vs. Ms. Stany Basil Mathias, Karnataka

In the result, appeal filed by the revenue is dismissed

ITA 1694/BANG/2024[2019-20]Status: DisposedITAT Bangalore24 Feb 2025AY 2019-20

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Ms. Sunaina Bhatia, A.RFor Respondent: Shri V. Parithivel, D.R

Section 142(1)Section 144Section 144C(1)Section 147Section 148ASection 156Section 250Section 69

assessee was reopened u/s 147 of the Act after following the due procedure as envisaged u/s 148A of the Act. During the course of reassessment proceedings, the AO issued several notices u/s 142(1) and show cause notices, but the assessee remained non-responsive. The assessee had made investments towards

M/S. Jagruti Computech Pvt Ltd, Mumbai vs. I.T.O, Ward, 1(2)(1), Mumbai

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

ITA 5752/MUM/2024[2013-14]Status: DisposedITAT Mumbai24 Feb 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Ms. Padmavathy Sassessment Year: 2013-14

For Appellant: Shri H S Raheja, Ld. A.RFor Respondent: Shri Surendra Meena, Ld. Sr. D.R

Section 143(3)Section 147Section 250Section 271(1)(c)Section 274

explanation for short admission of receipts to the extent of Rs 16,12,014/-, details of c/f business loss claimed before AO both during reassessment proceedings and also during penalty proceedings both of which are passed ex-parte, thus attracting provisions of Explanation 1 of section 271(1)(c). During

Tuljabhavani Housing Development Private Limited, Mumbai vs. ITO Ward 4(3)-1, Aayakar Bhawan, Mumbai

In the result, both the appeals of the assessee are dismissed

ITA 2249/MUM/2024[2016-17]Status: DisposedITAT Mumbai24 Feb 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Jitendra SinghFor Respondent: Mr. Biswanath Das, CIT-DR

Section 148

Income-tax Act,1961( in short the Act) ,1961( in short the Act) on 27.03.2021. During the on 27.03.2021. During the reassessment proceedings, the Assessing Officer issued notice u/s reassessment proceedings, the Assessing Officer issued notice u/s reassessment proceedings, the Assessing Officer issued notice u/s ITA Nos. 2249 & 3 2248/MUM/2024

Tuljabhavani Housing Development Private Limited, Mumbai vs. Mumbai ITO Ward 4(3)-1, Aayakar Bhawan, Mumbai

In the result, both the appeals of the assessee are dismissed

ITA 2248/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Feb 2025AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Jitendra SinghFor Respondent: Mr. Biswanath Das, CIT-DR

Section 148

Harsha, Jiwana Baghpat vs. Income Tax Officer Ward 1(5) Baraut, Baraut

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

ITA 3527/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Feb 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalincome Tax Officer, Harsha, Ward-1(5), Jiwana Baghpat-250611, Vs. Baraut. Uttar Pradesh. Pan-Adlph3085L (Appellant) (Respondent) Assessee By Shri R.K. Gaur, Ca Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 24/02/2025 Date Of Pronouncement 24/02/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) Vide Order U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) Dated 01/11/2023 For The Asst. Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & During This Year Had Purchased An Agricultural Land Measuring 8.8200 Hectare In Auction Jointly With Five Other Persons At A Total Sale Consideration Of Rs.1,50,82,200/-. Beside This A Sum Of Rs. Harsha Vs. Ito 7,55,000/- Was Paid Towards Stamp Duty Making Total Cost Of Land Was At Rs. 1,65,92,000/-. As The Assessee Has Not Filed Any Return Of Income, The Reassessment Proceedings Were Initiated By Issue Of Notice U/S 148 On 29/03/2019. The Assessee Has Not Attended The Reassessment Proceedings & The Finally The Reassessment Order Was Passed U/S 144/147 Of The Act On 7/12/2019 Wherein The Ao Had Made The Addition Of Rs. 27,65,333/- Being His Share In Investment In Acquisition Of The Property From Undisclosed Sources.

Section 144Section 148Section 250

duty making total cost of land was at Rs. 1,65,92,000/-. As the assessee has not filed any return of income, the reassessment proceedings were initiated by issue of notice u/s 148 on 29/03/2019. The assessee has not attended the reassessment proceedings and the finally the reassessment order

Sanjeev Agrawal, Bhopal vs. Assistant Commissioner of Income Tax Central-2, Bhopal

Appeal is allowed

ITA 38/IND/2024[2017-18]Status: DisposedITAT Indore21 Feb 2025AY 2017-18

Bench: Shri B.M. Biyani

Section 131Section 133ASection 139(1)Section 147Section 148Section 69C

declared as invalid and quashed therefore. 10. Per contra, Ld. DR for revenue filed following written-submission and relied upon same: “8.01 VALIDITY OF REASSESSMENT PROCEEDINGS UNDER SECTION 147 FOLLOWING SURVEY UNDER SECTION 133A OF THE ACT: 8.01.1 Section 147 is an Independent Remedial Provision It is submitted that section ... CBDT guidelines for compulsory scrutiny are binding on the department from an administrative standpoint, failure to adhere to these guidelines does not render the reassessment proceedings under Section 147 invalid. Page 9 of 33 11. Sanjeev Agrawal ITA No. 38/Ind/2024 - AY 2017-18 (i) The CBDT guidelines are intended

S Gandhi Jewellery Private Limited, Indore vs. PCIT-1, Indore

Appeal is allowed

ITA 311/IND/2024[2017-18]Status: DisposedITAT Indore21 Feb 2025AY 2017-18

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year: 2017-18 S. Gandhi Jewellery Pcit-1, Private Limited, Indore C/O Adv. Hitesh Chimnani, बनाम/ Ug-37 Trade Centre, Vs. 18, South Tukoganj, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aamcs1613G Assessee By Shri Hitesh Chimnani, Ar Revenue By Shri Ram Kumar Yadav, Sr. Dr Date Of Hearing 10.02.2025 Date Of Pronouncement 21.02.2025

Section 143(2)Section 143(3)Section 147Section 263

cash during demonetization period by way of issue letters for SBN deposits, secondly in the regular assessment proceedings u/s 143(3) and lastly under reassessment proceedings u/s 144B r.w.s. 147 and the same issue of cash deposit and eventual purchase- sale of jewellery was examined and accepted or addition ... made in the reassessment proceedings after taking a conscious view. The sales of the assessee are subject to VAT and have not been doubted throughout. (kind attention is invited to pages 22,37,38,52-53,54,55-79,80,81,82-83,84,85, 86-91 of the paper

Santosh Bhansali HUF, Jaipur vs. ITO, Ward 6(1), Jaipur

In the result notice issued u/s

ITA 716/JPR/2024[2018-19]Status: DisposedITAT Jaipur21 Feb 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Gagan Goyalsantosh Bhansali Huf, D-79, Patrakar Colony, Tilak Marg, Shanti Path, Jaipur 302004 Pan No. Aaohs6943N ...... Appellant Vs. Income Tax Officer Ward 6(1), Jaipur …... Respondent

For Appellant: Mr. Siddharth Ranka, AdvFor Respondent: Mr. Manoj Kumar, JCIT, Ld. DR

Section 10(38)Section 139Section 142(1)Section 147Section 148Section 148ASection 250Section 68Section 69C

down objections is non-existent. All the three proceedings are sheer conjectures and surmises. The Assessing Officer had no tangible evidence to initiate the reassessment proceedings against the assessee. We found that the notice issued, proceedings initiated and consequential order passed by the AO is without any authority

Bhartiya Shiksha Prachar Samiti Tonk, Tonk vs. Circle(Exemp.), Jaipur

In the result ITA No. 1094/JPR/2024 (A

ITA 1095/JPR/2024[2015-16]Status: DisposedITAT Jaipur21 Feb 2025AY 2015-16

Bench: Shri Gagan Goyal & Shri Narinder Kumar

For Appellant: Mr. P. C. Parwal, CA, Ld. ARFor Respondent: Mr. Manoj Kumar, JCIT, Ld. DR

Section 10Section 11Section 12ASection 12A(2)Section 139Section 147Section 148Section 148ASection 250

report in prescribed time ignoring that the same is a procedural requirement and once the return and audit report is filed during course of reassessment proceedings the condition is substantially complied with and without distinguishing the various cases relied by the assessee on this issue. The Ld. CIT (A), NFAC

Bhartiya Shiksha Prachar Samiti Tonk, Tonk vs. Circle(Exemp.), Jaipur

In the result ITA No. 1094/JPR/2024 (A

ITA 1094/JPR/2024[2012-13]Status: DisposedITAT Jaipur21 Feb 2025AY 2012-13

Bench: Shri Gagan Goyal & Shri Narinder Kumar

For Appellant: Mr. P. C. Parwal, CA, Ld. ARFor Respondent: Mr. Manoj Kumar, JCIT, Ld. DR

Section 10Section 11Section 12ASection 12A(2)Section 139Section 147Section 148Section 148ASection 250

DCIT-Circle 7 Pune, Bodhi Tower Salisbury Park Pune vs. Trio Chemsucrotech Eng. Projects Pvt. Ltd, Pune

ITA 1047/PUN/2024[2010-11]Status: DisposedITAT Pune21 Feb 2025AY 2010-11

Section 143(3)

assessment of Mr. Ajit Satam. The case of Mr. Ajit Satam was reopened for AY 2010-11. In the course of reassessment proceedings. Mr. Ajit Satam confessed that he had earned income of Rs 26.55 crores earned from the assessee with respect to the Tilaknagar project. A copy of said

The Kumbakonam Central Cooperative Bank, Kumbakonam vs. CIT (Appeals)

In the result the appeals of the assessee are decided as under:-

ITA 584/CHNY/2024[2020-21]Status: DisposedITAT Chennai21 Feb 2025AY 2020-21

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.583/Chny/2024, Assessment Year: 2013-14 आयकर अपील सं./Ita No.584/Chny/2024, Assessment Year: 2020-21 The Kumbakonam Central Cooperative Bank, Vs. Deputy Commissioner Of No.150, T.S.R. Big Street, Income Tax (Appeals), Kumbakonam, Circle-1, Kumbakonam. Tamil Nadu-612001. [Pan: Aaaat0148B] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant)

For Appellant: Mr.Varun Ranganathan,Advocate for Mr.Ravi Kannan, AdvocateFor Respondent: A.Sasikumar, CIT

Section 143(3)Section 147Section 250Section 36(1)(viia)

dated 12.03.2022. There is nothing on records that the issue of jurisdiction u/s 147 was raised by the assessee either before the Ld.AO during reassessment proceedings or assailed before the Ld. CIT(A). Nothing has been brought on records to allude towards jurisdictional insufficiency of the reassessment proceedings

The Kumbakonam Central Cooperative Bank, Kumbakonam vs. CIT (Appeals)

In the result the appeals of the assessee are decided as under:-

ITA 583/CHNY/2024[2013-14]Status: DisposedITAT Chennai21 Feb 2025AY 2013-14

For Appellant: Mr.Varun Ranganathan,Advocate for Mr.Ravi Kannan, AdvocateFor Respondent: A.Sasikumar, CIT

Section 143(3)Section 147Section 250Section 36(1)(viia)

DCIT CC 4 2 Mumbai, Mumbai vs. Red Chillies Entertainments Pvt. Ltd., Mumbai

In the result, appeal filed by the Revenue is dismissed and Cross Objection filed by the assessee is allowed

ITA 5831/MUM/2024[2012-13]Status: DisposedITAT Mumbai21 Feb 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), MS. PADMAVATHY S (Accountant Member)

Section 143(3)Section 147Section 148Section 151Section 40

instant case. 11. Thus, keeping view the aforesaid, we hold that in the facts and circumstances of the present case, the initiation of reassessment proceedings by the Assessing Officer can’t be sustained. Accordingly, we quash the notice dated 31/03/2019, issued under Section 148 of the Act as well

Sandee Impex, New Delhi vs. ACIT Circle-29(1), New Delhi

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

ITA 1830/DEL/2020[2015-16]Status: DisposedITAT Delhi21 Feb 2025AY 2015-16

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

Smt. Teena Garg, Chandigarh vs. PCIT, Panchkula

In the result, appeal of the assessee is allowed

ITA 466/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh20 Feb 2025AY 2015-16

For Respondent: Shri Sudhir Sehgal, Advocate

Section 142(1)Section 143(2)Section 147Section 148Section 253Section 263

confronted to assessee so that assessee could examine the same and file its detailed objections failing to which assessee re-iterate that entire reassessment proceedings has been carried out hurriedly and Hon'ble PCIT has also accorded his approval without application of mind. No complete proposal u/s 151 has been

Laxmi Babu Debnath, Pune vs. ITO Ward 7 (1), Pune

In the result, both the appeals of the assessee are allowed for statistical purpose

ITA 2877/PUN/2024[2011-12]Status: DisposedITAT Pune20 Feb 2025AY 2011-12

Bench: Dr.Manish Borad & Ms.Astha Chandraआयकर अपील सं. / Ita Nos.2876 & 2877/Pun/2024 िनधा"रण वष" / Assessment Years: 2009-10 & 201-12 Laxmi Babu Debnath, V The Income Tax Officer, Level 3, Riverside Business S Ward-7(1), Pune. Bay, Wellesley Road, Near Rto, Pune – 411001. Pan: Acpyd2630F Appellant/ Assessee Respondent / Revenue Assessee By Shri Neelesh Khandelwal – Ar Revenue By Shri Abhishek Meshtram - Addl.Cit(Dr) Date Of Hearing 10/02/2025 Date Of Pronouncement 20/02/2025 आदेश/ Order Per Dr. Manish Borad, Am: These Two Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income

Section 144Section 147Section 250

have heard rival contentions and perused the record placed before us. We observe that the assessee who is the individual was subjected to reassessment proceedings under section 147 of the Act on account of information about cash deposit of Rs.7,70,000/- during F.Y.2008-09 and cash deposit of Rs.18

Laxmi Babu Debnath, Pune vs. ITO, Ward 7(1), Pune

In the result, both the appeals of the assessee are allowed for statistical purpose

ITA 2876/PUN/2024[2009-10]Status: DisposedITAT Pune20 Feb 2025AY 2009-10

Section 144Section 147Section 250

Practo Technologies Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Central Circle 1(3), Bengaluru, Bangalore

In the result the appeal of the assessee is allowed

ITA 311/BANG/2024[AY 2015-16]Status: DisposedITAT Bangalore20 Feb 2025

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

For Appellant: Sri Padam Chand Khincha, A.RFor Respondent: Ms. Neera Malhotra, D.R

Section 143(2)Section 144Section 144C(10)Section 144C(5)Section 147Section 148Section 153

No.311/Bang/2024 M/s. Practo Technologies Private Limited, Bangalore Page 2 of 21 Assessment Order deserves to be quashed as void-ab-initio. 2. Reassessment proceedings in contravention of the applicable provisions of the Act 2.1. On the facts and in circumstances of the case and in law, the Learned AO erred ... issuing notice under section 143(2) of the Act pursuant to the return filed in compliance to section 148 of the Act. Accordingly, reassessment proceedings under section 147 of the Act are invalid and bad in law. 3. Assessment Order passed by the Learned AO under section

Narendra Khimji Savla, Mumbai vs. Income Tax Officer Ward 6(1)(1), Mumbai

ITA 6566/MUM/2024[2011-12]Status: DisposedITAT Mumbai20 Feb 2025AY 2011-12

Bench: Smt. Beena Pillai ()

Section 142(1)Section 143(2)Section 147Section 148Section 269SSection 271(1)(c)

facts and circumstances of the case and law, the Ld. CIT(A) erred in confirming the action of Ld AO of initiating reassessment proceeding under Section 147 of Income Tax Act, 1961. 2. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in confirming ... erred in not giving credit of taxes paid on PAN No AHEPS9345P especially when the income offered of such PAN was added to reassessment proceedings. 9. On the facts and circumstances of the case and law, the Ld CIT(A) erred in confirming the action of Ld AO of passing