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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

Agl Technologies Ltd, New Delhi vs. DCIT Circle-1(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 4692/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Oct 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4692/िद"ी/2019 (िन.व. 2010-11) M/S Agl Technologies Ltd., S-206, First Floor, Panchsheel Park, New Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaeca-1070-B बनाम Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Room No. 153A, C.R Building, ..... "ितवादी/Respondent I.P Estate0, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri Anuj Jain, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Kanv Bali, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 13/08/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/10/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 26.03.2019, For Assessment Year 2010-11. 2. The Solitary Ground Raised By The Assessee In Appeal Is Against The Addition Of Rs.1 Crore U/S. 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act’).

For Appellant: Shri Anuj Jain, Chartered AccountantFor Respondent: Shri Kanv Bali, Sr. DR
Section 133ASection 139Section 143(1)Section 148Section 68

order to prove genuineness of the loan transaction, the assessee placed on record confirmation from M/s Index Securities And Research P. Ltd. During reassessment proceedings, the AO asked for the copy of loan agreement, balance sheet, P & L account, ITR and bank statement of the lender company. The assessee explained

Jagtar Singh Bassi, Jalandhar vs. ACIT (Int. Taxation), Chandigarh

In the result, Assessee’s appeal is allowed

ITA 309/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh28 Oct 2024AY 2011-12

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 309/Chd/2024 "नधा"रण वष" / Assessment Year : 2011-12 Jagtar Singh Bassi, Vs. The Acit C/O Y.K.& Co., बनाम (Int Taxation), Chartered Accountants, Circle, 4Th Floor, Ambika Tower, Chandigarh Police Lines, Jalandhar "थायी लेखा सं./Pan No: Gfxpb5393R अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Y.K. Sud, Ca राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 12.09.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 28.10.2024

For Appellant: Shri Y.K. Sud, CAFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 151Section 309Section 69

reopening of the assessment u/s 147/148 of the Income Tax Act 1961. 2. That while sustaining the action of the AO of initiating the reassessment proceedings u/s 147/148, CIT (A) failed to appreciate that neither the notice u/s 148 was served upon the assessee, nor the AO has any tangible ... under:- “REASSESSMENT-NOTICE-SERVICE OF VALID NOTICE WITHIN LIMITATION- CONDITION PRECEDENT FOR REASSESSMENT-BURDEN OF PROOFOF SERVICE OF NOTICE ON DEPARTMENT-PARTICIPATION IN REASSESSMENT PROCEEDINGS BY REPRESENTATIVE OF ASSESSEE DOES NOT RESULT INWAIVER OF NECESSITY OF SERVICE OF NOTICE-OBJECTION RAISED TONON-SERVICE OF NOTICE-REASSESSMENT PROCEEDINGS IGNORING OBJECTION-NOTICE

Natarajan, Cuddalore vs. ITO, Itward-1(1), Chennai

The appeal of the assessee is partly allowed

ITA 123/CHNY/2023[2011-2012]Status: DisposedITAT Chennai28 Oct 2024AY 2011-2012

Bench: Hon’Ble Shri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.123/Chny/2023 िनधा"रण वष"/Assessment Year:2011-2012 Shri Natarajan The Income Tax Officer, 353, Pudupettai Main Road, Vs. International Taxation, Indira Nagar, C. Puthupettai, Ward 2(1), Parangipettai Post, Chennai 600 006 Cuddalore 608 502. Pan: Anfpn 9506Q (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. J. Saravanan, Advocate ""यथ"क"ओरसे/Respondent By : Dr. Samuel Pitta, Irs, Jcit.

For Appellant: Shri. J. Saravanan, AdvocateFor Respondent: Dr. Samuel Pitta, IRS, JCIT
Section 143(3)Section 148

Indian territory (other than meager interest income from savings bank deposits), so as to earn an income of Rs.3 crore. E. For that the reassessment proceedings were initiated by issuance of notice u/s 148 of the Act by a non-jurisdictional assessing officer ("AO"), viz., ITO, Ward-3, Cuddalore, instead ... issue raised by the assessee at main ground No.(E)& additional ground No.(H) together. The ld. counsel for the assessee submitted that the reassessment proceedings were initiated u/s 148 of the Act by a non-jurisdictional assessing officer (‘AO’) viz; ITO, Ward-3, Cuddalore, instead of the jurisdictional assessing