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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

Income Tax Officer, Mumbai vs. Svadeshi Enterprise(Hubli), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 2785/MUM/2023[2014-15]Status: HeardITAT Mumbai03 May 2024AY 2014-15

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Rahul Chaudhary, Hon'Bleincome Tax Officer V. Svadeshi Enterprise(Hubli) R.N. 234, 2Nd Floor 12/A Yusuf Building Kautilya Bhawan, Bkc Veer Nariman Road, Fort Mumbai, Maharashtra- 400051 Mumbai-400023 Pan: Aapfs0181B (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Shri Veerbhandra Mahajan Department Represented By :

Section 143(1)Section 143(3)Section 147Section 148

does not require that the information must be extraneous to the record. It is enough if the material on the basis of which the reassessment proceedings are sought to be initiated, came to the notice of the Income tax Officer subsequent to the original assessment. If the income Tax Officer

Computer Modelling Group Limited, Canada vs. ACIT International Taxation Circle 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2091/DEL/2023[2020-21]Status: DisposedITAT Delhi03 May 2024AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

received notices in respect of alleged escapement of income under section 147 of the Act. The Ld. CIT (A) also held reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated

Computer Modelling Group Limited, Canada vs. DCIT Circle International Taxation 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2090/DEL/2023[2012-13]Status: DisposedITAT Delhi03 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

received notices in respect of alleged escapement of income under section 147 of the Act. The Ld. CIT (A) also held reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated

Computer Modelling Group Limited, Canada vs. ACIT, Circle-1(2)(1), Int. Taxation, New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2305/DEL/2022[2019-20]Status: DisposedITAT Delhi03 May 2024AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

received notices in respect of alleged escapement of income under section 147 of the Act. The Ld. CIT (A) also held reassessment proceedings under sections 147/148 of the Act as valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated

M/S R.S.Darshan Singh Motors Car Finance Pvt. Ltd., Kolkata vs. ITO, Ward-11(3), Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 265/KOL/2024[2013-14]Status: DisposedITAT Kolkata02 May 2024AY 2013-14

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 143(1)Section 144BSection 147Section 148Section 250

cannot be stated to be empowered to make a roving enquiry into other issues which according to him came to his notice during the reassessment proceedings. The foundation of a reassessment proceeding is a valid notice and if this notice is held to be invalid the entire edifice sought

Juby Benny, Coimbatore vs. ITO, Ncw 2(5), Coimbatore

The appeal stand allowed

ITA 424/CHNY/2024[2012-13]Status: DisposedITAT Chennai02 May 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.424/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2012-13) Ms. Juby Benny Ito बनाम/ 274, 5Th Street, Non- Corporate Ward 2(5), Vs. K.K. Pudur, Coimbatore – 641 038. Coimbatore. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aebpj-4432-N (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri D.Anand (Advocate) For Mr.T.Vasudevan (Advocate) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30-04-2024 घोषणा की तारीख /Date Of Pronouncement : 02-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri D.Anand (Advocate) for Mr.T.VasudevanFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 148

order would show that the case has been reopened on the pretext that the assessee has shown low gross profit. Though the assessee assailed reassessment proceedings, Ld. AO estimated Gross Profit @5% instead of 1.85% as reflected by the assessee and added differential of Rs.21.55 Lacs to the income

M/S Apeejay Education Society, Jalandhar vs. DCIT, C-1 (Exemptions), Chandigarh

In the result, the appeal is allowed

ITA 706/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh01 May 2024AY 2012-13

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr.DR
Section 142(1)Section 143(2)Section 271(1)(b)

vide order dated 15.10.2019, observed as follows : "Vide notice u/s 142(1) dated 30.08.2019 the assessee was asked to submit some information/documents required for reassessment proceedings for the A.Y. 2012-13 by 13.09.2019 (03:00 PM). In the same notice, the objections raised by the assessee to reopening were also ... principle of natural justice has been followed to the hilt. Documents were asked from the assessee u/s 142(1) for the purpose of reassessment proceedings for the A.Y. 2012-13. In order to ensure fairness of decision, the assessee has been given multiple opportunities to furnish documents. There

Mamta Choraria, Howrah vs. ITO, Ward-36(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 214/KOL/2024[2014-15]Status: DisposedITAT Kolkata01 May 2024AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 214/Kol/2024 Assessment Year: 2014-15 Mamta Choraria Income Tax Officer, Ward – 36(1), Bl-A2 Ganges Garden Vs Kolkata 106, K.C.S. Road Howrah -711102 [Pan : Aczpc6470F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Amit Agarwal, Advocate Revenue By : Shri Swapan Kumar Bera, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 01/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 06/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. Though The Assessee Has Raised Various Grounds Of Appeal, We Will Take Up The Legal Issue Challenging The Validity Of Issuance Of Notice U/S 148 Of The Act. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Time Limit To Issue Notice U/S 148 Of The Act For Assessment Year 2014- 15, Expired On 11/03/2021 & Notice U/S 148 Of The Act Was Issued & Served Through E-Mail On 01/04/2021. He Thus Contended That The Notice U/S 148 Of The Act Is Barred By Limitation And, Therefore, The 2

For Appellant: Shri Amit Agarwal, AdvocateFor Respondent: Shri Swapan Kumar Bera, JCIT, Sr. D/R
Section 148Section 250

legal issue raised by the assessee in the additional ground is that notice u/s 148 of the Act is time barred and, therefore, the reassessment proceedings carried out are without jurisdiction and liable to be quashed. We notice that the assessee, who is an individual, filed his return of income ... April 1 2021 at 3 a.m. thereby treating the 1st April 2021 as issuance of impugned notice u/s 148 of the Act, quashed the reassessment proceedings holding that the provisions of Finance Act 2021 would be applicable from 01.04.2021 and therefore, before issuance any notice

ACIT Circle 46(1), Civic Centre, New Delhi vs. Yogesh Gambhir, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3018/DEL/2023[2017-18]Status: DisposedITAT Delhi01 May 2024AY 2017-18

Bench: the Id. CIT(A)

Section 147Section 148Section 149Section 151Section 153Section 153ASection 153CSection 68

153C of the Act were applicable in the present case for framing the assessment, if any, which that the Assessing Officer has initiated reassessment proceedings in the present case on the basis of information received based on the material found excludes the application of sec. 147 of the ~ hence, notice ... that it is an admitted position of the fact as it is aiso evident from the assessment order that the Assessing Officer has initiated reassessment proceedings in the present case on the basis of information received based on the material found during the course of search from the premises

Dipti Garg, Tonk vs. ITO WD, Tonk

In the result, appeal of the assessee is partly allowed

ITA 633/JPR/2023[2014-15]Status: DisposedITAT Jaipur30 Apr 2024AY 2014-15

Bench: Dr. Manish Borad & Dr. S Seethalakshmi

Section 143(3)Section 148Section 250Section 56(2)(vii)Section 56(2)(viib)

issued after recording the reasons. After carrying out necessary exercise of replying to the objections raised by the assessee, Ld. AO carried out the reassessment proceeding. The facts relating to issue in challenge before us emanates from the transaction of sale of agricultural land during the year. The Sub-Registrar ... ground challenging the validity of reopening proceeding but in the course of hearing failed to bring any substantial information to rebut the legality of reassessment proceeding. We, therefore, considering that Ld. AO having relevant information indicating escapement of income, was well within his jurisdiction to issue notice

Muralidhar Mysore Sundaresh, Bangalore vs. Income Tax Office, Ward-4(3)(1), Bengaluru

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

ITA 436/BANG/2024[2017-18]Status: DisposedITAT Bangalore30 Apr 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

For Appellant: Shri Siddesh N. Gaddi, A.RFor Respondent: Shri Narendra Kumar Naik, D.R
Section 115BSection 147Section 148Section 151Section 156Section 234ASection 27Section 270A(9)Section 271ASection 69A

Assessee. 3. The Learned Officer has erred in law and on facts in passing the impugned order without jurisdiction; 4. The entire reassessment proceedings have been rendered bad in law due to improper / lack of service of notice under sections 148 and 143(2) of the Act. Muralidhar Mysore Sundaresh

Super Label Manufacturing LLP, Mumbai vs. Assistant Commissioner of Income Circle 27(3), Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 1659/MUM/2024[2017-18]Status: DisposedITAT Mumbai30 Apr 2024AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2017-18 M/S. Super Label Acit Circle 27(3) Manufacturing Llp Room No. 423, 4Th Floor, C- 307, Bhaveshwar Plaza, Vs. Tower No. 6, Off. Lbs Road, Vashi Railway Station, Ghatkopar West, Commercial Complex, Mumbai- 400086 Vashi- 400703, Navi Mumbai. Pan: Adcfs2304Q (Appellant) (Respondent) Present For: Assessee By : Shri Jayesh Dedia, C.A. Revenue By : Dr. Kishor Dhule, Cit D.R. Date Of Hearing : 25 . 04 . 2024 Date Of Pronouncement : 30 . 04 . 2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed By The Appellant Against The Order Of The Ld. Cit Appeal Passed U/S. 250 Of The Income Tax Act [The ‘Act’ In Short] Vide Order No. Itba/Nfac/S/250/2023-24/1062706368 Dated 15/03/2024 For The Assessment Year 2017-18. 2. Following Grounds Of Appeal Have Been Raised:

For Appellant: Shri Jayesh Dedia, C.AFor Respondent: Dr. Kishor Dhule, CIT D.R
Section 143(3)Section 250Section 68Section 69A

facts of the case in not considering the subsequent orders under PAN ADCFS2304Q for the assessment years 2019- 20 and 2020-21 where the reassessment proceedings initiated under PAN ADCFS2304Q were dropped in view of the fact that similar proceedings has already been completed under PAN AACFS3540H. 7. Your petitioner ... completed and the transactions recorded in the bank account have been considered. 5. In the meantime, the Department has also started reassessment proceedings in the name of Assessee under different PAN ADCFS2304Q. But the assessee was neither aware of such proceedings nor had received any notice under section

M/S Akshar Anshul Construction LLP, Mumbai vs. Assistant Commissioner of Income Tax, Circle 28(1), Mumbai

ITA 4150/MUM/2023[2015-16]Status: DisposedITAT Mumbai30 Apr 2024AY 2015-16
Section 143(3)Section 148Section 80Section 80I

A.Y.2011-12, claim for deduction on the same project was allowed by the AO initially, but later on, in the reassessment proceedings u/ 147/148 was decided against by the ld. AO. However, the reopening and notice u/s.148 was quashed by the Hon’ble Bombay High Court and thus in the first

DCIT, Income Tax Mumbai vs. Peacemoon Traders, Mumbai

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

ITA 3771/MUM/2023[2007-08]Status: DisposedITAT Mumbai30 Apr 2024AY 2007-08

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 147

present case, on the basis of the information received from the DGIT (Investigation), Mumbai that the assessee is the beneficiary of bogus purchases, reassessment proceedings in the case of the assessee were initiated. It is evident from the record that the AO made the addition of the entire alleged bogus

DCIT, Income Tax Mumbai vs. Peacemoon Traders, Mumbai

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

ITA 3765/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 Apr 2024AY 2009-10

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 147

present case, on the basis of the information received from the DGIT (Investigation), Mumbai that the assessee is the beneficiary of bogus purchases, reassessment proceedings in the case of the assessee were initiated. It is evident from the record that the AO made the addition of the entire alleged bogus

Maya Milind Sirsath, Mumbai vs. Income Tax Officer 33(2)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3562/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 Apr 2024AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 149(1)(b)Section 69A

officer has to specifically point out the failure on the part of the assessee in disclosing all the material facts and in absence therefore reassessment proceedings is invalid in law. In instant case also in absence of any such satisfaction in the reasons recorded, the assessment proceedings are void ... initio, therefore, same are quashed. Since, the additional ground No. 2 of the appeal of the assessee is allowed and the reassessment proceedings has been quashed, therefore, the other grounds are merely rendered academic and therefore, we are not adjudicating upon. The appeal of the assessee is accordingly allowed

JCIT (It) (OSD)-4(1)(2), Mumbai vs. Arun Rangachari, Mumbai

In the result, appeal of the Revenue is dismissed and

ITA 2393/MUM/2019[2009-10]Status: DisposedITAT Mumbai30 Apr 2024AY 2009-10
Section 132(4)Section 147Section 254(2)Section 9(1)(i)

tins been initiated for furnishing inaccurate particulars of income.) 13. It is notable that reassessment proceedings u's 147 of the Income tax Act in the case of Sh. Arun Rangachari has been initiated and in the said proceedings, the above stated Income has been added in the hands

Seema Singh, New Delhi vs. Income Tax Officer Ward 32(3), New Delhi

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

ITA 2777/DEL/2023[2011-12]Status: DisposedITAT Delhi30 Apr 2024AY 2011-12

Bench: Shri Kul Bharat & Dr.B.R.R.Kumar[Assessment Year : 2011-12] Seema Singh, Vs Ito, E-65, Chatterpur Extension, Near Ward-32(3), Suman Chowk, New Delhi-110074. New Delhi. Pan-Cazps4606K Appellant Respondent Appellant By Shri Pulkit Verma, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 23.04.2024 Date Of Pronouncement 30.04.2024 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld.Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi Dated 29.03.2023 For The Assessment Year 2011-12. 2. The Assessee Has Raised Following Grounds Of Appeal:-

Section 143(2)Section 144Section 147Section 148

material available with him. Without independent application of mind information received from Investigation Wing cannot be made the basis for an AO to initiate reassessment proceedings. Delhi High Court in the case of G & G Pharma reported in 384 ITR 147(Del) was required to opine upon a situation ... resulting in to inevitable invalidation of assessment order. Thus, we are inclined to hold that the Assessing Officer proceeded to initiate reassessment proceedings only on the basis of vague report of Investigation Wing without applying his mind to the report and other alleged documentary evidence and thus we have

Raghav Technology P.Ltd, New Delhi vs. ITO, Ward-20(4), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 1064/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Apr 2024AY 2010-11

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 143(1)Section 147Section 148Section 151Section 68Section 69C

than meaningful which is the rationale for the safeguard of an approval by a higher ranking official, the finding of the Tribunal quashing the reassessment proceedings cannot be disturbed. 12. I find the Hon'ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors (supra) has held ... satisfied' therefore, following the decisions of the jurisdictional High Court (cited supra) on this issue which are binding on the Tribunal, the reassessment proceedings are to be treated as not in accordance with the law since the approval has been given in a mechanical manner without due application Raghav Technology

Kusum Lata, Noida vs. DCIT, Central Circle, Noida

In the result, the appeal filed by the assessee is partly allowed

ITA 877/DEL/2018[2013-14]Status: DisposedITAT Delhi30 Apr 2024AY 2013-14

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 132Section 143(3)Section 153ASection 54FSection 69

search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would be to initiate the reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot