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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

Dy. Commissioner of Income Tax, Bilaspur vs. Ms Mayura Saria Pvt. Ltd., Bilaspur

ITA 430/RPR/2024[2015-16]Status: DisposedITAT Raipur07 Feb 2025AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 430/Rpr/2024 ("नधा"रण वष" Assessment Year: 2015-16)

For Appellant: Shri G. S. Agrawal, CAFor Respondent: Shri S. L. Anuragi, CIT-DR
Section 115JSection 132Section 142(1)Section 147Section 148Section 148ASection 250

particulars for proposed reassessment, since assessee filed revised return in compliance of terms of reopening notice, it would be construed that assessee participated in reassessment proceedings and surrendered to jurisdiction of AO and was conscious about material based on which reassessment proceedings were initiated. In view of the above judicial

M/S Suncity Niketan Pvt.Ltd., Kolkata vs. Income Tax Officer, 5(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 2101/KOL/2024[2013-14]Status: DisposedITAT Kolkata07 Feb 2025AY 2013-14

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.2101/Kol/2024 Assessment Year: 2013-14 M/S Suncity Niketan Pvt. Ltd………………....….......…....………....Appellant 5, Clive Row, Kolkata -1. [Pan: Aapcs4157E] Vs. Ito, Ward-5(1), Kolkata......................................................…..…..... Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Subhendu Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 12, 2024 Date Of Pronouncing The Order : February 07, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Of Rs.17,99,28,555/- Made By The Assessing Officer By Treating Credits In The Account Of The Assessee As Income Of The Assessee From Unexplained Sources. The Assessee Apart From Challenging The Validity Of The Additions Made/Confirmed By The Lower Authorities On Merits, Has Also Contested The Very Validity Of The Reopening Of The Assessment Order As Well As The Validity Of The Assessment Order For Want Of Issue Of Notice U/S 143(2) Of The Act.

Section 143(2)Section 147Section 250

section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications [2010] 323 ITR 249 (Delhi), this court invalidated a reassessment proceeding after noting that the notice under section 143(2) of the Act was not issued to the assessee pursuant to the filing ... complied with or that on placing the objection the Assessee had waived the notice for further processing of the reassessment proceedings. The fact that on the notice issued u/s 143(2) of the Act, the assessee had placed its objection and reiterated its earlier return filed as one filed

Gautam Surendra Jaggi, Mumbai vs. ACIT, 27(1)-Vashi, Mumbai

In the result, appeal of the assessee is allowed

ITA 5545/MUM/2024[2013-14]Status: DisposedITAT Mumbai07 Feb 2025AY 2013-14

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

For Appellant: Shri Shailesh Shah, A/RFor Respondent: Shri Pushkaraj Bhangepatil, Sr. D/R
Section 142(1)Section 147Section 148Section 68

case, the Ld. Commissioner of Income Tax (Appeals) [here-in-after referred to as Ld. CIT (Appeals)] erred in upholding the initiation of reassessment proceedings and passing of the impugned order u/s 147 w.r.s. 144 dated 30.03.2022. 1.1. That on the facts and in the circumstances of the case ... books through CCM and hence Rs. 35,11,590/- has escaped assessment. Accordingly, notice u/s 148 of the Act was issued and reassessment proceedings were triggered. 4.1. A noticed dated 31/03/2021, was issued to the assesse asking the assessee to file return to which the assessee replied on 13/04/2021 stating

Surya Vanijya P.Ltd, New Delhi vs. ACIT, Central Circle-8, New Delhi

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

ITA 2205/DEL/2019[2014-15]Status: DisposedITAT Delhi07 Feb 2025AY 2014-15

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Sridhar, AdvFor Respondent: Shri M.S. Nethrapal, CIT DR
Section 144C(5)Section 147Section 148Section 149Section 149(1)(b)

assessee herein. Accordingly, the assumption of jurisdiction u/s 147 of the Act is flawed and hence the reassessment proceedings are hereby quashed. 5. Since the reassessment proceedings are quashed for both the years on the aforesaid single legal issue, the adjudication of various other legal facets raised

Adonis Marketing (P) Ltd., Kolkata vs. I.T.O., Ward - 9(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1769/KOL/2024[2009-2010]Status: DisposedITAT Kolkata06 Feb 2025AY 2009-2010

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 68

apart from contesting the validity of the additions made by the lower authorities on merits has also taken the legal ground that since the reassessment proceedings were initiated in this case, by issuing of notice u/s. 148 of the Act dated 03.09.2010, prior to the end of the limitation period ... initiate proceedings u/s. 147 of the Act and failure to take step u/s. 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when an intimation u/s. 143(1) had been issued. We note that in the case of “Rajesh Javery Stock Brokers Pvt. Ltd.” (Supra

Income Tax Officer, Ward-3(1), Kolkata vs. Intime Vanijya Private Limited, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 1684/KOL/2024[2013-14]Status: DisposedITAT Kolkata06 Feb 2025AY 2013-14

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.1684/Kol/2024 Assessment Year : 2013-14

For Appellant: NoneFor Respondent: Smt. Madhumita Das, Addl. CIT
Section 147Section 250Section 68

condonation petition filed by the Revenue and submitted that at the relevant time the department was under pressure looking over the matters of reassessment proceedings, Audit, Demand collection, etc. and therefore, prayed for condoning the delay. After going through the averments made in the condonation petition I find that there

Kumarswamy Gangasharaish Kallur, Bangalore vs. Deputy Commissioner of Income Tax, Circle-2(2)(1), Bangalore

In the result, appeal filed by the assessee is allowed

ITA 1391/BANG/2024[2014-15]Status: DisposedITAT Bangalore06 Feb 2025AY 2014-15

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan Kassessment Year : 2014-15

For Appellant: Shri. Sandeep Chalapathy, CAFor Respondent: Shri. E. Shridhar, CIT(DR)(ITAT), Bangalore
Section 119Section 139(1)Section 143(3)Section 147Section 148Section 263Section 271BSection 44A

beyond the specified due date and hence the assessee is liable for penalty under section 271B of the Act. However, during the course of reassessment proceedings, the AO has not initiated penalty proceedings under ection271B of the Act in the Assessment Order. Therefore, the Order passed ... report furnished after extended due date of filing of return as per section 139(1) of the Act. He further submitted that in the reassessment proceedings, the learned Pr. CIT has no power to direct the AO to make penalty under section 271B of the Act since in this case

Mangla International Pvt Ltd, Mumbai vs. Income Tax Officer-3(2)(2), Mumbai

In the result, the appeal by the assessee for the

ITA 1913/MUM/2024[2003-04]Status: DisposedITAT Mumbai06 Feb 2025AY 2003-04
For Appellant: Revenue byFor Respondent: Date of Hearing – 12/11/2024
Section 115Section 143(2)Section 143(3)Section 144Section 147Section 148Section 250

year under consideration. Thus, we are of the considered view that the said material constitutes new and tangible material for initiating the reassessment proceedings in the case of the assessee. In ACIT v/s Rajesh Jhaveri Stock Brokers (P.) Ltd., reported in [2007] 291 ITR 500 (SC), the Hon'ble Supreme ... material is not a thing to be considered at the stage of recording the reasons. As a result, we find no infirmity in the reassessment proceedings initiated by the AO under section 147 of the Act. Accordingly, ground no.1 raised in assessee's appeal is dismissed. As regards ground no.2

Mangla International Pvt Ltd, Mumbai vs. Income Tax Officer-3(2)(2), Mumbai

ITA 1912/MUM/2024[2002-03]Status: DisposedITAT Mumbai06 Feb 2025AY 2002-03
For Appellant: Revenue byFor Respondent: Date of Hearing – 12/11/2024
Section 115Section 143Section 143(2)Section 144Section 147Section 148Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “J (SMC)” BENCH, MUMBAI BEFOREMs. PADMAVATHY S., ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL

Mangla International Pvt Ltd, Mumbai vs. Income Tax Officer-3(2)(2), Mumbai

ITA 1911/MUM/2024[2000-01]Status: DisposedITAT Mumbai06 Feb 2025AY 2000-01

Bench: Ms. Padmavathy S.Shri Sandeep Singh Karhail

For Appellant: Revenue byFor Respondent: Date of Hearing – 12/11/2024
Section 115Section 143(2)Section 144Section 147Section 148Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “J (SMC)” BENCH, MUMBAI BEFORE Ms. PADMAVATHY S., ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL

Mangla International Pvt Ltd, Mumbai vs. Income Tax Officer -3(2)(2), Mumbai

In the result, the appeal by the assessee for the

ITA 1910/MUM/2024[1999-2000]Status: DisposedITAT Mumbai06 Feb 2025AY 1999-2000

Bench: Ms. Padmavathy S.Shri Sandeep Singh Karhail

For Appellant: Revenue byFor Respondent: Date of Hearing – 12/11/2024
Section 115Section 143(2)Section 144Section 147Section 148Section 250

year under consideration. Thus, we are of the considered view that the said material constitutes new and tangible material for initiating the reassessment proceedings in the case of the assessee. In ACIT v/s Rajesh Jhaveri Stock Brokers (P.) Ltd., reported in [2007] 291 ITR 500 (SC), the Hon'ble Supreme ... material is not a thing to be considered at the stage of recording the reasons. As a result, we find no infirmity in the reassessment proceedings initiated by the AO under section 147 of the Act. Accordingly, ground no.1 raised in assessee's appeal is dismissed. 31. As regards ground

L & T Technologies Services Limited, Mumbai vs. Assistant Commissioner of Income Tax, Circle 2(2)(1), Mumbai

In the result, the additional grounds of the assessee are allowed for statistical purposes

ITA 4255/MUM/2023[2015-16]Status: DisposedITAT Mumbai06 Feb 2025AY 2015-16

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeel&T Technologies Services Ltd Vs Assistant Commissioner Of Income L&T House, N.M. Marg, Tax, Circle 2(2)(1), Mumbai Room No.545, 5Th Floor, Aayakar Mumbai Pan: Aaccl4310P Bhavan, Maharshi Karve Road, Mumbai-400 020 Appellant Respondent

For Appellant: Shri Nitesh JoshiFor Respondent: Dr. K.R. Subhash (CIT- DR)
Section 10ASection 143(3)Section 170Section 2Section 250Section 37Section 90

Infotech Ltd. stands accepted by the Ld. AO in the assessment proceedings for the AY 2014-15. In the absence of any revision or reassessment proceedings was initiated to change such position, it is submitted that, depreciation on asset which forms part of the block of assets cannot be denied ... LTIL stands accepted by the Ld. AO in the assessment proceedings for the assessment year 2014-15. In the absence of any revision or reassessment proceedings being initiated to change such position. 14.3. We further note that the reference has been made to section 40A(2) alleging the consideration

Luxmi Hard Coke Mfg. Co, Dhanbad vs. ITO Ward-1(1), Dhanbad

In the result, both appeals of the assessee are allowed

ITA 102/RAN/2023[2018-19]Status: DisposedITAT Ranchi05 Feb 2025AY 2018-19

Bench: Shri Partha Sarathi Chaudhury

Section 147Section 148Section 148ASection 153ASection 153BSection 153C

respondents had the authority to reopen the assessment by invoking the powers under Section 153C of the Act of 1961 and draw reassessment proceedings under Section 153A of the Act of 1961. That was not done within the period of limitation prescribed under Section 153B

Laxmi Hard Coke Mfg Co., Dhanbad vs. ITO Ward 1(1), Dhanbad

In the result, both appeals of the assessee are allowed

ITA 101/RAN/2023[2016-17]Status: DisposedITAT Ranchi05 Feb 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhury

Section 147Section 148Section 148ASection 153ASection 153BSection 153C

respondents had the authority to reopen the assessment by invoking the powers under Section 153C of the Act of 1961 and draw reassessment proceedings under Section 153A of the Act of 1961. That was not done within the period of limitation prescribed under Section 153B

Dy. C.I.T. Cir-.2, Nagpur vs. Shri Govinddas Goverdhan Daga, Nagpur

ITA 517/NAG/2016[2012-13]Status: DisposedITAT Nagpur05 Feb 2025AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 147Section 148Section 44A

Assessing Officer before finalization of assessment framed. The non disposal of objections for notice issued u/s 148 of I.T. Act 1961 vitiates the reassessment proceedings initiated and assessment framed is unsustainable and liable to be cancelled. The assessee for this proposition places reliance on following decision. i) ITAT order

Mrs. Rehana Abdul Wahab Sain, Khed, Ratnagiri vs. ITO, Ward-4, Ratnagiri

In the result, the appeal of the assessee is partly allowed

ITA 2277/PUN/2024[2011-12]Status: DisposedITAT Pune05 Feb 2025AY 2011-12

Bench: SHRI MANISH BORAD (Accountant Member)

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Sanjay Dhivare
Section 133(6)Section 139Section 143(2)Section 144Section 147Section 148Section 243ASection 69A

assessed income at Rs.18,25,640/-. 4 4. Aggrieved assessee preferred appeal before Ld. CIT(A)/NFAC challenging the validity of reassessment proceedings and also on the merits of the case. The assessee furnished certain additional evidences during the course of appellate proceedings claiming that the assessee is trading ... rival submissions and perused the record placed before me. First, I take up the legal issue raised in ground no.4 challenging the validity of reassessment proceedings. I notice that the assessee did not furnish any income tax return. The information was received by the Income Tax Department from the bank

Suppahire Educational and Charitable Trust, Thanjavur vs. ITO, Exemptions Ward, Trichy

In the result, appeals filed by the assessee are allowed

ITA 2417/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Feb 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.N. Arjun Raj, AdvocateFor Respondent: Ms.Sheila Parthasarthy
Section 144BSection 147Section 148Section 148ASection 151Section 151ASection 271A

been alleged by the Revenue in the Office Memorandum. Further, in paragraph 3.2 of the Office Memorandum, with respect to the reassessment proceedings, the reference to 'random allocation' has correctly been made as random allocation of cases to the Assessment Units by the National Faceless Assessment Centre. When random allocation

Sappahire Educational and Charitable Trust, Thanjavur vs. ITO, Exemptions Ward, Trichy

In the result, appeals filed by the assessee are allowed

ITA 2416/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Feb 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.N. Arjun Raj, AdvocateFor Respondent: Ms.Sheila Parthasarthy
Section 144BSection 147Section 148Section 148ASection 151Section 151ASection 271A

been alleged by the Revenue in the Office Memorandum. Further, in paragraph 3.2 of the Office Memorandum, with respect to the reassessment proceedings, the reference to 'random allocation' has correctly been made as random allocation of cases to the Assessment Units by the National Faceless Assessment Centre. When random allocation

Deputy Commissioner of Income Tax, Non Corporate Circle - 1, Madurai vs. Sri Rethinam Agency, Madurai

In the result the appeals raised by the Revenue are dismissed

ITA 1214/CHNY/2023[2017-18]Status: DisposedITAT Chennai05 Feb 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.1213/Chny/2023, निर्धारण वर्ा /Assessment Years: 2016-17 आयकर अपील सं./Ita Nos.1214/Chny/2023, निर्धारण वर्ा /Assessment Years: 2017-18 The Deputy Commissioner Of Income Sri Rethinam Agency, Tax, No.36, Old Betal Shop Street, Non-Corporate Circle-1, Madurai-625001. Madurai [Pan: Abifs4717R]

For Appellant: Shri Nilay Baran Som, CIT
Section 143(3)Section 147Section 250Section 69ASection 69C

such enquiries for the simple reason that as admitted, by the Revenue, both the initiation of reopening proceedings as well as the conclusion of reassessment proceedings was done by the Ld.AO without being in the possession of impounded documents. It is a clear fact borne from records that the Ld.AO

Deputy Commissioner of Income Tax, Non Corporate Circle 1, Madurai vs. Sri Rethinam Agency, Madurai

In the result the appeals raised by the Revenue are dismissed

ITA 1213/CHNY/2023[2016-17]Status: DisposedITAT Chennai05 Feb 2025AY 2016-17

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.1213/Chny/2023, निर्धारण वर्ा /Assessment Years: 2016-17 आयकर अपील सं./Ita Nos.1214/Chny/2023, निर्धारण वर्ा /Assessment Years: 2017-18 The Deputy Commissioner Of Income Sri Rethinam Agency, Tax, No.36, Old Betal Shop Street, Non-Corporate Circle-1, Madurai-625001. Madurai [Pan: Abifs4717R]

For Appellant: Shri Nilay Baran Som, CIT
Section 143(3)Section 147Section 250Section 69ASection 69C

such enquiries for the simple reason that as admitted, by the Revenue, both the initiation of reopening proceedings as well as the conclusion of reassessment proceedings was done by the Ld.AO without being in the possession of impounded documents. It is a clear fact borne from records that the Ld.AO