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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

Trilokchand Sirsalewala, Mumbai vs. JCIT, Range-33(1), Mumbai

In the result, the appeal is allowed

ITA 796/MUM/2024[2011-12]Status: DisposedITAT Mumbai31 May 2024AY 2011-12

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2011-12 Trilokchand Sirsalewala Joint Commissioner Of A-1/7, 202, Income Tax- Range 33(1), Room No. 931, 9Th Floor, Best View, Yashodham, Opp. Dindoshi Bus Depot., Kautilya Bhawan, Vs. Goregaon (E.) C-41 To C-43, Mumbai- 400063. G Block, Bandra Kurla Complex, Pan: Abeps5015N Bandra (E.), Mumbai-400051. (Appellant) (Respondent) Present For: Assessee By : Shri Rakeshkumar Sirsalewala, A.R. Revenue By : Shri P.D. Chougule (Addl. Cit), Sr. D.R. Date Of Hearing : 28 . 05 . 2024 Date Of Pronouncement : 31 . 05 . 2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed By The Appellant Against The Order Passed By The Jt. Commissioner Of Income Tax, Range 33(1), Mumbai U/S. 271D Of The Income Tax Act (‘Act’ In Short) Vide Order Dated 30/07/2019 For The A.Y 2011-12 Which Was Subsequently, Confirmed In Appeal By The Ld. Cit Appeal

For Appellant: Shri Rakeshkumar Sirsalewala, A.RFor Respondent: Shri P.D. Chougule (Addl. CIT), Sr. D.R
Section 133ASection 143(3)Section 147Section 148Section 269SSection 271D

from survey proceedings of a third party wherein it was alleged that the appellant has obtained cash loan of Rs. 14.00 Lakhs. During the reassessment proceedings under section 148, appellant denied acceptance of loan with detailed submission. However, assessing officer passed assessment order accepting income same as returned income

Harichandrasinh Dharmendrasinh Zala, Bhavnagar vs. ITO, W-1(2), Bhavnagar

The appeal of the assessee is allowed for statistical purposes

ITA 1115/AHD/2023[2011-2012]Status: DisposedITAT Ahmedabad30 May 2024AY 2011-2012

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2011-12 Harichandrasinh Income Tax Officer Dharmendrasinh Zala Vs Ward-1(2), 524-C, Kaliyabid, Bhavnagar, Bhavnagar Gujarat-364002 Pan: Aaipz1959K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri M.K. Patel, Ar Revenue By : Shri N.J. Vyas, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 30/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac) (Hereinafter Referred As “Cit(A)”] Dated 30.10.2023 For The Assessment Year 2011-12, Wherein The Cit(A) Partially Confirmed The Addition Made By The Assessing Officer (Hereinafter Referred As “Ao”) Under Section 144 Of The Income Tax Act, 1961(Hereinafter Referred To As “The Act”).

For Appellant: Shri M.K. Patel, ARFor Respondent: Shri N.J. Vyas, Sr.DR
Section 142(1)Section 144Section 148Section 68

assessment order after giving the assessee a reasonable opportunity to be heard. 9. The assessee is directed to cooperate with the AO during the reassessment proceedings and furnish all necessary documents and explanations promptly. 10. In light of the above, the appeal of the assessee is allowed for statistical purposes