← 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

Blue Chip Financial Services Pvt Ltd, Mumbai vs. Income Tax Officer Ward 12(1)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 5616/MUM/2025[2012-13]Status: DisposedITAT Mumbai09 Feb 2026AY 2012-13

Bench: Shri Amit Shukla & Shri Girish Agrawalblue Chip Financial Services Vs Income Tax, Circle 12(1)(3) Private Limited Aayakar Bhavan, M.K. Road, 24, Dheeraj Heritage, 3Rd Floor, Churchgate Mumbai - 400020 S.V. Road, Santacruz West, Mumbai 400054 Pan: (Aaacb2087R) Appellant Respondent Present For: Appellant By : Shri Haridas Bhatt, Ca Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 13.11.2025 Date Of Pronouncement : 09.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Din & Order No. Itba/Nfac/S/250/2025-26/1078465141(1) Dated 14.07.2025 Passed Against Assessment Order U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.12.2019 For Ay 2012-13. 2. Grounds Taken By The Assessee Are Reproduced As Under: “A) On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition Made By The Ao Of The Alleged Unaccounted Money In The Form Of Accommodation Entry From Shell Company M/S Anubhav Commosale Pvt Ltd To The Extent Of Rs 20,00,055/- Treating It As Unexplained Income U/S 68 Of It Act.

For Appellant: Shri Haridas Bhatt, CAFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 131Section 133(6)Section 143(3)Section 148Section 68

return by Centralize Processing Center (CPC) of the Income- tax Department, Bengaluru. Since the name of assessee appeared in the list of non-filers, reassessment proceedings were invoked for which notice u/s. 148 was issued on 25.02.2019. Subsequent to this, assessee filed its return of income on 03.07.2019, reporting total ... assessee. The resemblance in name is evident since assessee carries its name as Blue Chip Financial Services Private Limited. 4.1. In the course of reassessment proceedings, ld. AO had called for information from Central Bank of India, Kolkata branch seeking details in respect of the transactions alleged to be undertaken