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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

Essen Consulting, Mumbai vs. DCIT Circle 23(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 7511/MUM/2025[2016-17]Status: DisposedITAT Mumbai03 Feb 2026AY 2016-17

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Ritesh Misra (CIT DR)
Section 147Section 148Section 148ASection 151Section 250

fact situations. In the present case, the impugned notice under section 148 was issued on 26/07/2022, well beyond the legally permissible period. Consequently, the reassessment proceedings lack jurisdiction from their inception. The Ld. DR, despite relying on the orders of the revenue authorities, was unable to produce any contrary decision ... survive. Accordingly, the additions made by the Ld. AO become purely academic and need not be adjudicated on merits. We therefore hold that the reassessment proceeding initiated under section 148 is invalid, and the reassessment order passed pursuant thereto is liable to be quashed. As the issue is decided

Essen Consulting, Mumbai vs. DCIT Circle 23(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 7510/MUM/2025[2015-16]Status: DisposedITAT Mumbai03 Feb 2026AY 2015-16

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Ritesh Misra (CIT DR)
Section 147Section 148Section 148ASection 151Section 250

fact situations. In the present case, the impugned notice under section 148 was issued on 26/07/2022, well beyond the legally permissible period. Consequently, the reassessment proceedings lack jurisdiction from their inception. The Ld. DR, despite relying on the orders of the revenue authorities, was unable to produce any contrary decision ... survive. Accordingly, the additions made by the Ld. AO become purely academic and need not be adjudicated on merits. We therefore hold that the reassessment proceeding initiated under section 148 is invalid, and the reassessment order passed pursuant thereto is liable to be quashed. As the issue is decided

ACIT, Circle 24(1) Mumbai, Mumbai vs. Nilkamal Crates & Containers, Mumbai

ITA 3763/MUM/2025[2016-17]Status: DisposedITAT Mumbai03 Feb 2026AY 2016-17

Bench: Hon’Ble Justice (Retd.) C.V. Bhadang & Shri Arun Khodpia, Am

For Appellant: Shri Prashant Ghumare, AdvFor Respondent: C.O. No. 146/Mum/2025 in I.T.A. No. 3763/Mum/2025
Section 132Section 144BSection 147Section 148Section 148ASection 149(1)(b)Section 151Section 35(1)(i)Section 35(1)(ii)

regularized the same as per the decision rendered by Hon‟ble Supreme Court in the case of Ashish Agarwal (supra). Hence, the reassessment proceedings have been continued under new provisions only. Hence the AO has issued notice u/s 148A(b) and also passed order u/s. 148A

Krishan Kumar Bansal, Delhi vs. CIT(A), Delhi

In the result, the appeal of the assessee is allowed

ITA 4076/DEL/2024[2017-18]Status: DisposedITAT Delhi03 Feb 2026AY 2017-18

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay[Assessment Year: 2017-18]

Section 143(3)Section 147Section 148Section 151Section 271ASection 69A

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. Hon'ble Supreme Court in the case of Chhugamal Rajpal vs. S.P. Chaliha & Ors [1971] 79 ITR 603 (SC) has held

Arpita Jena, Bhubaneswar vs. ITO, Ward 3(1), Bhubaneswar

In the result, the appeal of the assessee is allowed

ITA 585/CTK/2025[2016-17]Status: DisposedITAT Cuttack02 Feb 2026AY 2016-17

Bench: Shri George Mathan & Shri Laxmi Prasad Sahuआयकर अपील सं/Ita No.585/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2016-2017) Arpita Jena, Vs Ito, Ward-3(1), Bhubaneswar A-60, Palashpalli, Bhubaneswar-751020 Dist : Khurda, Odisha Pan No. : Anepj 7345 N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Miss Sarmila Agarwal, Ca राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 02/02/2026 घोषणा की तारीख/Date Of Pronouncement : 02/02/2026

For Appellant: Miss Sarmila Agarwal, CAFor Respondent: Shri Vijay Singh, Sr. DR
Section 147Section 148

Madras High Court has categorically held that section 147 of the Act enables the Assessing Officer to travel beyond the reasons for initiating reassessment proceedings provided such reassessment is also carried out on the grounds or reasons on which reassessment was initiated. On the other hand, if the ground

Suresh Ramachandran, Tisaiyanvilai vs. Assistant Commmissioner of Income Tax, Circle 1, Tirunelveli

In the result, the ground raised by the assessee is partly allowed

ITA 3463/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 Feb 2026AY 2017-18

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Shri. R. S. Lakshmi Narayana, AdvocateFor Respondent: Shri. Kumar Chandan, JCIT
Section 131Section 133ASection 143(3)Section 147Section 148Section 263

under a mistaken understanding and without appreciating the legal implications. It was further submitted that all relevant particulars had already been examined during the reassessment proceedings and that taxes arising therefrom had been duly paid. 24-: ITA. No:3463/Chny/2025 10. The AO, however, rejected the explanation and observed that

Income Tax Officer- Ward-1/Jao, Nagercoil vs. Arulanandham Ber Syril Antow, Nagercoil

In the result the appeal filed by the Revenue is dismissed

ITA 2079/CHNY/2025[2015]Status: DisposedITAT Chennai02 Feb 2026

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Shri. Bipin C.N., C.I.TFor Respondent: Shri. M.Ramesh Kumar, F.C.A
Section 143(1)Section 143(3)Section 144Section 147Section 2Section 2(14)Section 40

proceedings, and after verification of the same the AO has concluded the assessment without making any additions on this account. 15. However, during the reassessment proceedings u/s.147 of the Act, the AO treated the land as a capital asset solely on the basis of Google Maps / open internet search

Abhubhai Hirabhai Desai, Mumbai vs. DCIT Circle 19(1), Mumbai

The appeal of the assessee is allowed

ITA 4684/MUM/2025[2014-15]Status: DisposedITAT Mumbai02 Feb 2026AY 2014-15

Bench: Shri Sandeep Gosain

For Respondent: Shri Surendra Mohan, (Sr. DR)
Section 131Section 132Section 133(6)Section 143(3)Section 147Section 148Section 234ASection 271

validity of notice u/s 148 of the Act and the consequential assessment order passed. 5. Before us, the ld.AR has claimed that entire reassessment proceeding and the consequential assessment order are non est and invalid since in the facts and the circumstances of the case, no action could have been ... reassess income of the assessee. The action of the AO to initiate the proceedings under section 147/148 of the Act vitiates the entire reassessment proceedings and the assessment order. Once, the AO is satisfied that the documents seized belong to the persons other than the searched person, the AO shall

Mystical Constructions Private Limited, Mumbai vs. DCIT Circle 5(2)(1), Mumbai

In the result, the appeal is Allowed

ITA 5222/MUM/2024[2011-12]Status: DisposedITAT Mumbai02 Feb 2026AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawalι.Τ.Α. No.5222/Mum/2024 A.Y: 2011-12 Mystical Pvt Ltd Constructions A 603, A1 Akbar Bldg, Pe Road, Momin Nagar, Jogeswari (W), Mumbai - 400102 Pan - Aaccn5191N (Appellant) Vs Dcit, Circle 5(2)(1) Aayakar Bhawan, Mumbai. (Respondent) Assessee By Ms. Simran Dhawan A/W Mr. Ravi Gantara Revenue By Shri Umashankar Prasad, Cit Dr Date Of Hearing 04.11.2025 Date Of Pronouncement 02.02.2026 Order Per: Shri. Sandeep Gosain, J.M.: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dt. 06.08.2025 Passed Under Section 250 Of The Income Tax Act, 1961 ('The Act'), By The National Faceless Appeal Centre (Nfac) / Cit(A) For The

Section 132Section 143(3)Section 147Section 148Section 153CSection 250Section 271(1)Section 274

Contents of the seized material in digital form as communicated by the AO in the notice u/s 142(1) dated 03.12.2018 during reassessment proceedings are as under: CONWOOD (MAHUL TDR) A/C F.Y. 2010-11 Received(sale) Cq in "Sagar Investment from Nihar Construction" Date 19.04.2010 Amount 30000000 ag cqfrmsagar ... Contents of the seized material in digital form as communicated by the AO in the notice u/s 142(1) dated 03.12.2018 during reassessment proceedings are as under: CONWOOD (MAHUL TDR) A/C F.Y. 2010-11 Received(sale) Cq in "Sagar Investment from Nihar Construction" Date 19.04.2010 Amount 30000000 ag cqfrmsagar

Income Tax Officer, Panipat vs. Rajni Chopra, Panipat

ITA 8572/DEL/2025[2017-18]Status: DisposedITAT Delhi02 Feb 2026AY 2017-18

Bench: Shri Satbeer Singh Godara

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.8572/Del/2025

Devinder Singh, New Delhi vs. Income Tax Officer, Civic Centre, New Delhi

Appeal is allowed

ITA 6746/DEL/2025[2019-20]Status: DisposedITAT Delhi02 Feb 2026AY 2019-20

Bench: Shri Satbeer Singh Godara**

Section 147Section 151

## **IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI** ## **BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER** ITA No.6746/Del/2025

Suresh Ratilal Lodaria, Anjar vs. Income Tax Officer Ward - 2, Gandhidham.

In the result, the appeal of the assessee is allowed

ITA 389/RJT/2025[2013-14]Status: DisposedITAT Rajkot30 Jan 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

For Appellant: Shri Vimal Desai, Ld. A.RFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(2)Section 148Section 271BSection 44A

there was reasonable cause for failure and that the default was only technical in nature since the A.O. had accepted the ITR in the reassessment proceedings. In VC appellant submitted that if books of accounts are not maintained then penalty for non audit cannot be levied. He relied ... assessee father died so non application of mind by AO Appellant argument that since there is no revenue loss as ITR was accepted in reassessment proceedings is not acceptable as the penalty u/s 271B is for the procedure of non audit of books of accounts. Further the decision referred

Deputy Commissioner of Income Tax, Central Circle-1, Rajkot vs. Classic Network Pvt. Ltd., Rajkot

In the result, appeal filed by the assessee in ITA No

ITA 287/RJT/2024[2016-17]Status: DisposedITAT Rajkot30 Jan 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

Deputy Commissioner of Income Tax, Central Circle-1, Rajkot vs. Classic Network Pvt. Ltd., Rjakot

In the result, appeal filed by the assessee in ITA No

ITA 286/RJT/2024[2014-15]Status: DisposedITAT Rajkot30 Jan 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

Classic Network Private Limited, Rajkot vs. Deputy Commissioner of Income Tax, Central -1, Rajkot

In the result, appeal filed by the assessee in ITA No

ITA 178/RJT/2024[2017-18]Status: DisposedITAT Rajkot30 Jan 2026AY 2017-18

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

Classic Network Private Limited, Rajkot vs. Deputy Commissioner of Income Tax, Central - 1, Rajkot

In the result, appeal filed by the assessee in ITA No

ITA 177/RJT/2024[2016-17]Status: DisposedITAT Rajkot30 Jan 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

Classic Network Private Limited, Rajkot vs. The Deputy Commissioner of Income Tax, Central -1 Rajkot, Rajkot

In the result, appeal filed by the assessee in ITA No

ITA 176/RJT/2024[2014-15]Status: DisposedITAT Rajkot30 Jan 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

M/S. Classic Network Limited, Rajkot-Gujarat vs. The Deputy Commissioner of Income Tax, Circle-1, Rajkot-Gujarat

In the result, appeal filed by the assessee in ITA No

ITA 291/RJT/2022[2019-20]Status: DisposedITAT Rajkot30 Jan 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

M/S. Classic Network Limited, Rajkot-Gujarat vs. The Deputy Commissioner of Income Tax, Circle-1, Rajkot-Gujarat

In the result, appeal filed by the assessee in ITA No

ITA 290/RJT/2022[2018-19]Status: DisposedITAT Rajkot30 Jan 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply

M/S. Classic Network Limited, Rajkot-Gujarat vs. The Deputy Commissioner of Income Tax, Circle-1, Rajkot-Gujarat

In the result, appeal filed by the assessee in ITA No

ITA 289/RJT/2022[2015-16]Status: DisposedITAT Rajkot30 Jan 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

show- cause notice. The role of the Specified Authority under Section 151 of the Act, is to act, as a statutory check, ensuring that reassessment proceedings and notices are only initiated after a high-ranking official has reviewed the information and granted formal sanction. Therefore, approval under section ... income tax Authority. 13. Therefore, we note that without a valid and properly signed approval under Section 151 of the Income Tax Act, 1961, reassessment proceedings under Sections 147/148 of the Act cannot be validly initiated. The requirement of approval under Section 151 is mandatory and jurisdictional; failure to comply