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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

Dy. Commissioner of Income Tax, Central Circle-2(1), Mumbai vs. Shri Ramesh Kumar Jain, Mumbai

In the result, the appeal by the Revenue is allowed for statistical purposes

ITA 553/MUM/2023[2013-14]Status: DisposedITAT Mumbai07 Aug 2023AY 2013-14

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Akshay JainFor Respondent: Smt. Mahita Nair
Section 142(1)Section 143(2)Section 147Section 148Section 153ASection 250Section 68Section 69C

reasons recorded by the Assessing Officer (“AO”) while reopening the assessment were also shared with the assessee vide letter dated 01/06/2021. During the reassessment proceedings, statutory notices under section 143(2) as well as section 142(1) of the Act were issued and served on the assessee, inter-alia, requesting

Mohd. Isteyaque Anwar, Mumbai vs. ACIT(CC) 1(3), Mumbai

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

ITA 52/MUM/2023[2012-13]Status: DisposedITAT Mumbai07 Aug 2023AY 2012-13

Bench: Shri Kuldip Singh & Shri Gagan Goyalmohd. Ishteyaque Anwar, Plot No. 141, Swapnapurti Chs Hingane Mala, Hadapsar, Pune-411028 Pan: Aghpa8626K ...... Appellant Vs. Acit Cen. Cir. 1(3) Aayakar Bhavan, Mumbai-400 020 ..... Respondent

For Appellant: Shri Viraj Mehta, Ld. ARFor Respondent: Smt. Mahita Nair, CIT-DR
Section 1Section 144Section 147Section 148Section 151Section 194CSection 250

view of the above binding judicial precedents, I am of the considered view that the AO had valid reasons to initiate the reassessment proceedings, which were duly recorded and communicated to the appellant. Thus, the A.O. has rightly assumed jurisdiction and correctly initiated proceedings u/s. 148 of the Act. Accordingly

Mr. Tapan Kumar Bhuyan, Salepur vs. ITO, Ward-1(1), Cuttack

In the result, appeals of the assessee stands partly allowed for statistical purposes

ITA 123/CTK/2023[2014-15]Status: HeardITAT Cuttack07 Aug 2023AY 2014-15

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

For Appellant: Shri Samir Ranjan DashFor Respondent: Shri S.C.Mohanty
Section 143(3)Section 80C

where the escaped assessment amount is more than Rs. 1 lakh, the limitation period to initiate reassessment proceedings by issuing a notice under Section 148 of the lT Act expired on 31.03.2018 and 31.03.2019, respectively. Thereforethe illegal notice issued aforesaid period is bad in law as the Assessing authority

Mr. Tapan Kumar Bhuyan, Salepur vs. ITO, Ward-1(1), Cuttack

In the result, appeals of the assessee stands partly allowed for statistical purposes

ITA 122/CTK/2023[2013-14]Status: HeardITAT Cuttack07 Aug 2023AY 2013-14

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

For Appellant: Shri Samir Ranjan DashFor Respondent: Shri S.C.Mohanty
Section 143(3)Section 80C

where the escaped assessment amount is more than Rs. 1 lakh, the limitation period to initiate reassessment proceedings by issuing a notice under Section 148 of the lT Act expired on 31.03.2018 and 31.03.2019, respectively. Thereforethe illegal notice issued aforesaid period is bad in law as the Assessing authority

Mr. Tapan Kumar Bhuyan, Salepur vs. ITO, Ward-1(1), Cuttack

In the result, appeals of the assessee stands partly allowed for statistical purposes

ITA 121/CTK/2023[2012-13]Status: HeardITAT Cuttack07 Aug 2023AY 2012-13

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

For Appellant: Shri Samir Ranjan DashFor Respondent: Shri S.C.Mohanty
Section 143(3)Section 80C

where the escaped assessment amount is more than Rs. 1 lakh, the limitation period to initiate reassessment proceedings by issuing a notice under Section 148 of the lT Act expired on 31.03.2018 and 31.03.2019, respectively. Thereforethe illegal notice issued aforesaid period is bad in law as the Assessing authority

Mr. Tapan Kumar Bhuyan, Salepur vs. ITO, Ward-1(1), Cuttack

In the result, appeals of the assessee stands partly allowed for statistical purposes

ITA 120/CTK/2023[2011-12]Status: HeardITAT Cuttack07 Aug 2023AY 2011-12

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

For Appellant: Shri Samir Ranjan DashFor Respondent: Shri S.C.Mohanty
Section 143(3)Section 80C

where the escaped assessment amount is more than Rs. 1 lakh, the limitation period to initiate reassessment proceedings by issuing a notice under Section 148 of the lT Act expired on 31.03.2018 and 31.03.2019, respectively. Thereforethe illegal notice issued aforesaid period is bad in law as the Assessing authority

DCIT, Central Circle-8, New Delhi vs. Bhaijee Commodities Pvt. Ltd., Delhi

ITA 9133/DEL/2019[2010-11]Status: DisposedITAT Delhi07 Aug 2023AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Surinder Mahajan CAFor Respondent: Shri Kanav Bali, Sr.DR
Section 133(6)Section 147Section 148Section 151Section 68

That on facts and circumstances of the case, the Ld. CIT(A) has erred in upholding validity of notice u/s 148 and consequential reassessment proceedings u/s 147 even though the same are without recording proper reasons in terms of provisions of section 147 of the Income ... illegal and without jurisdiction. (iv) That the assessing office having failed to properly deal with and dispose- off objection to notice u/s 148, the reassessment proceedings are in disregard to principle laid down Apex Court and are liable to be quashed. 2(i) That on facts and circumstances

Bhaijee Commodities Pvt. Ltd., New Delhi vs. ACIT Circle-4(2), New Delhi

ITA 7921/DEL/2019[2010-11]Status: DisposedITAT Delhi07 Aug 2023AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Surinder Mahajan CAFor Respondent: Shri Kanav Bali, Sr.DR
Section 133(6)Section 147Section 148Section 151Section 68

That on facts and circumstances of the case, the Ld. CIT(A) has erred in upholding validity of notice u/s 148 and consequential reassessment proceedings u/s 147 even though the same are without recording proper reasons in terms of provisions of section 147 of the Income ... illegal and without jurisdiction. (iv) That the assessing office having failed to properly deal with and dispose- off objection to notice u/s 148, the reassessment proceedings are in disregard to principle laid down Apex Court and are liable to be quashed. 2(i) That on facts and circumstances

Jagson International Ltd., Delhi vs. DCIT Circle-13(1), Delhi

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

ITA 902/DEL/2022[2017-18]Status: DisposedITAT Delhi04 Aug 2023AY 2017-18

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2017-18 Jagson International Ltd., Vs Dcit, H-35, 1St Floor, Circle-13(1), Jangpura Extension, Delhi. New Delhi – 110 014. Pan: Aaacj2147A Assessment Year: 2017-18 Dcit, Vs. Jagson International Ltd., H-35, 1St Floor, Circle-13(1), Delhi Jangpura Extension, New Delhi – 110 014. Pan: Aaacj2147A (Appellant) (Respondent) Assessee By : Shri Rajiv Saxena, Ms Sumangla Saxena & Shri Shyam Sunder, Advocates Revenue By : Mohd. Gayasuddin Ansari, Cit, Dr Date Of Hearing : 08.05.2023 Date Of Pronouncement : 04.08.2023

For Appellant: Shri Rajiv SaxenaFor Respondent: Mohd. Gayasuddin Ansari, CIT, DR
Section 115JSection 115VSection 143(3)Section 407

legal issue which is involved, much less a substantial question of law. This issue was raised by the assessing officer during the course of reassessment proceedings and it was replied to by the assessee. The assessing officer was satisfied with the explanation and did not raise any further questions

JCIT Circle-13(1), New Delhi vs. Jagson International Ltd., New Delhi

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

ITA 1303/DEL/2022[2017-18]Status: DisposedITAT Delhi04 Aug 2023AY 2017-18

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2017-18 Jagson International Ltd., Vs Dcit, H-35, 1St Floor, Circle-13(1), Jangpura Extension, Delhi. New Delhi – 110 014. Pan: Aaacj2147A Assessment Year: 2017-18 Dcit, Vs. Jagson International Ltd., H-35, 1St Floor, Circle-13(1), Delhi Jangpura Extension, New Delhi – 110 014. Pan: Aaacj2147A (Appellant) (Respondent) Assessee By : Shri Rajiv Saxena, Ms Sumangla Saxena & Shri Shyam Sunder, Advocates Revenue By : Mohd. Gayasuddin Ansari, Cit, Dr Date Of Hearing : 08.05.2023 Date Of Pronouncement : 04.08.2023

For Appellant: Shri Rajiv SaxenaFor Respondent: Mohd. Gayasuddin Ansari, CIT, DR
Section 115JSection 115VSection 143(3)Section 407

legal issue which is involved, much less a substantial question of law. This issue was raised by the assessing officer during the course of reassessment proceedings and it was replied to by the assessee. The assessing officer was satisfied with the explanation and did not raise any further questions

Narendra Singh, Rewari vs. ITO Ward - 2, Rewari

In the result, appeal of the assessee is allowed

ITA 905/DEL/2020[2010-11]Status: DisposedITAT Delhi04 Aug 2023AY 2010-11

Bench: Shri C.M. Gargnarendra Singh, Vs. Ito, Jaisinghpur Khera Bawal, Ward-2, Rewari, Haryana Rewari (Appellant) (Respondent) Pan: Amcpn8132C Assessee By : Ms. Chanchal Gupta, Adv Revenue By: Shri Om Prakash, Sr. Dr Date Of Hearing 04/05/2023 Date Of Pronouncement 04/08/2023

For Appellant: Ms. Chanchal Gupta, AdvFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 143(3)Section 147Section 44ASection 68Section 69A

addition made by the AO may kindly be deleted. 4. Replying to the above, ld Sr. DR supported the assessment order submitted that the reassessment proceedings u/s 147 of the Act against the assessee by issuing notice u/s 148 of the Act. The ld Sr. DR submitted that the story ... that the assessee is not filing return of income and not showing any income from salary from RKRT therefore, AO was right in initiating reassessment proceedings and making addition in the hands of the assessee. Therefore, the ld DR prayed that the appeal of the assessee may kindly be dismissed

The Indure Pvt. Ltd., New Delhi vs. ACIT, Circle-25(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 4151/DEL/2019[2010-11]Status: DisposedITAT Delhi04 Aug 2023AY 2010-11
Section 143(3)Section 147Section 148Section 250Section 68

file in as much as he was not justified to uphold the action of the Ld Assessing Officer in resorting to the reassessment proceedings u/s 148 of the Act 2. That the order dated 08-03-2019 passed u/s 250 of the Act by the Ld. Commissioner of Income ... amounting to Rs. 27,28,372/- from the said party.” 3. The ground No.1 raised by the assessee is challenging the validity of the reassessment proceedings u/s 147 of the Act. 4. The ground No.2 raised by the assessee is challenging the disallowance made on account of unverifiable purchases from

The Amravati People Co-Op Bank Ltd ( Now Merged in the Cosmos Co-Op Bank Ltd), Amaravati vs. D.C.I.T. Amravati Circle, Amaravati

In the result, the appeal of assessee is dismissed

ITA 308/NAG/2015[2007-08]Status: DisposedITAT Nagpur04 Aug 2023AY 2007-08

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri S.G. GandhiFor Respondent: Shri Amol Khairnar
Section 143(1)Section 143(3)Section 148Section 151Section 80P

possession of AO to reopen the assessment. The AO did not accept the objections of the assessee and proceeded to complete the reassessment proceedings vide para No. 10 of the assessment order, wherein, he clearly held that there was no loss available for A.Y. 2002-03 which was assessed ... copy of same was rejected. We once again request you to supply a copy of sanction report/note as it has now become apart of reassessment proceeding. It thus, clearly transpires from the above finding of the AR of the appellant that the Id. AO has granted the inspection

Ultratech Cement Limited, Mumbai vs. ACIT- CC -1(4), Mumbai

ITA 221/MUM/2022[2012-13]Status: DisposedITAT Mumbai03 Aug 2023AY 2012-13

Bench: Shri Kuldip Singh & Shri S Rifaur Rahmanassessment Year: 2012-13

For Appellant: Shri. Nitesh Joshi, A.R. &For Respondent: Shri. Alok Kumar, CIT DR
Section 132Section 143(3)Section 153CSection 35D

Four years had elapsed from the end of relevant assessment year and having disclosed fully and truly all material facts necessary for assessment, no reassessment proceedings is permissible under the law -No fresh facts or new material has been brought on record evidencing escapement of income; -Reassessment based on same ... original assessment, is nothing but mere change of opinion which is not permitted; -Review of own assessment order is not permissible in the reassessment proceedings; -Reassessment proceedings based on audit objection is not sustainable. 3. On the facts and in the circumstances of the case and in law, the learned

M/S. Punjab Iron & Steel Company Limited, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeal of the assesse is allowed

ITA 75/ASR/2023[2008-09]Status: DisposedITAT Amritsar03 Aug 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. S. R. Kaushik, CIT DR
Section 153ASection 68

period of six years, the assessee is still bound to file the return (d) Even though, section 153A speaks to abatement of assessment or reassessment proceedings that will not absolve the assessee from his liability to submit the return as required u/s 153A. (e) Neither under section 132 nor under

Sh. Farukh Jehan Zeb, Srinagar vs. Income Tax Officer, Anant Nag

In the result, the appeal of the assessee is dismissed

ITA 444/ASR/2017[2008-09]Status: DisposedITAT Amritsar03 Aug 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Touseef Ahmad Khanday &For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 68

facts and circumstances of the case, that the Ld. CIT (A) has erred in upholding the assumption of jurisdictions for reassessment. The reassessment proceedings in this case were only based on presumption/ suspicion and were thus not validly initiated. 4. That having regard to the facts and circumstances ... jurisdictions by AO without application of mind to the information available on record and accordingly consequent order passed is bad in law for reassessment proceedings only based on presumption/ suspicion and were thus not validly initiated. He filed a written synopsis which reads as under: The present appeal has been

Prabodh Sadashiv Sadavartem(HUF), Nagpur vs. I.T.O.(TDS) Ward -1(4), Nagpur

In the result, the appeal of assessee is dismissed

ITA 547/NAG/2016[2006-07]Status: DisposedITAT Nagpur03 Aug 2023AY 2006-07

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Saket BhattadFor Respondent: Smt. Rashmi Mathur
Section 143(1)Section 147Section 148Section 54B

grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(A) justified in holding the reassessment proceedings u/s. 147 of the Act is valid under law in the facts and circumstances of the case. A.Y. 2006-07 9. We note that ... perusal of the record vide Form No. 35, we note that the assessee questioned the finding of the order of AO in holding the reassessment proceedings u/s. 147 of the Act is not valid, before the CIT(A). The CIT(A) discussed the same in detail at para

Shri Prabodh Sadashiv Sadavarte (HUF), Nagpur vs. Income Tax Officer, Ward-1(4), Nagpur

In the result, the appeal of assessee is dismissed

ITA 377/NAG/2016[2006-07]Status: DisposedITAT Nagpur03 Aug 2023AY 2006-07

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Saket BhattadFor Respondent: Smt. Rashmi Mathur
Section 143(1)Section 147Section 148Section 54B

grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(A) justified in holding the reassessment proceedings u/s. 147 of the Act is valid under law in the facts and circumstances of the case. A.Y. 2006-07 9. We note that ... perusal of the record vide Form No. 35, we note that the assessee questioned the finding of the order of AO in holding the reassessment proceedings u/s. 147 of the Act is not valid, before the CIT(A). The CIT(A) discussed the same in detail at para

Sampat Lal Lodha, Nathdwara vs. ITO, Ward-2, Rajsamand

In the result, both appeals of the assessee are allowed

ITA 2/JODH/2022[2011-12]Status: DisposedITAT Jodhpur02 Aug 2023AY 2011-12
Section 143(1)Section 147Section 68

course, it may be desirable, from the point of view of revenue authorities, to examine the matter in detail, but then reassessment proceedings cannot be resorted to only to examine the facts of a case, no matter how desirable that be, unless there is a reason to believe, rather than ... capital asset, sale of property and sale of investment etc. Therefore, reasons recorded by the Assessing Officer are not valid and hence the reassessment proceedings initiated based on the reasons recorded is bad in law. We note that on the similar facts the Co-ordinate Bench of Surat

Sampat Lal Lodha, Nathdwara vs. ITO, Ward-2, Rajsamand

In the result, both appeals of the assessee are allowed

ITA 1/JODH/2022[2010-11]Status: DisposedITAT Jodhpur02 Aug 2023AY 2010-11
Section 143(1)Section 147Section 68

course, it may be desirable, from the point of view of revenue authorities, to examine the matter in detail, but then reassessment proceedings cannot be resorted to only to examine the facts of a case, no matter how desirable that be, unless there is a reason to believe, rather than ... capital asset, sale of property and sale of investment etc. Therefore, reasons recorded by the Assessing Officer are not valid and hence the reassessment proceedings initiated based on the reasons recorded is bad in law. We note that on the similar facts the Co-ordinate Bench of Surat