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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

Firestorm Electronics Corporaiton P.Ltd, Mumbai vs. Addl CIT RG 2(1), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 3635/MUM/2012[2006-07]Status: DisposedITAT Mumbai21 Nov 2022AY 2006-07

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.3638/मुं/2012(िन.व. 2006-07) आअसं.1916/मुं/2014(िन.व. 2006-07) Dandvati Investments & Trading Company Pvt. Ltd. ‘The International’ 5Th Floor, 16, New Marine Lines Cross Road No.1, Churchgate, Mumbai – 400 020 Pan: Aaacd-3925-E ...... अपीलाथ"/Appellant बनाम Vs. Additional Commissioner Of Income Range 2(1) Mumbai. Aaykar Bhavan, M.K.Road, ..... "ितवाद"/Respondent Mumbai – 400 020 आअसं.3635/मुं/2012 (िन.व. 2006-07) आअसं.1915/मुं/2014 (िन.व. 2006-07) M/S. Firestorm Electronics Corporation Pvt. Ltd. ‘The International’ 5Th Floor, 16, New Marine Lines Cross Road No.1, Churchgate, Mumbai – 400 020 Pan: Aaacf-4730-D ...... अपीलाथ"/Appellant बनाम Vs. Assistant Commissioner Of Income Tax Circle -1(1), Mumbai.Room No.533, 5Th Floor,Aaykar Bhavan, M.K.Road, Mumbai – 400 020..... "ितवाद"/Respondent

For Appellant: Shri Yogesh Thar & Ms.Ikshu ShahFor Respondent: Shri Hoshang Boman Irani /
Section 143(3)Section 14A

assessment order passed u/s. 143(3) of the Income Tax Act, 1961 [in short ‘the Act’] and ITA No.1916/Mum/2014 is arising out of reassessment proceedings for the same Assessment Year. ITA NO.3638/MUM/2012 – A.Y. 2006-07: 2. This appeal by the assessee is directed against the order of Commissioner of Income ... assessee is directed against the order of CIT(A) -1, Mumbai dated 26/12/2013 for the Assessment Year 2006-07. The appeal emanates from reassessment proceedings in the case of assessee. The assessee in appeal has assailed validity of reopening of assessment and the addition on merits. 14. The ld. Authorized

ACIT 2(1), Mumbai vs. Firestorm Electronics Corp Ltd, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 3538/MUM/2012[2006-07]Status: DisposedITAT Mumbai21 Nov 2022AY 2006-07

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.3638/मुं/2012(िन.व. 2006-07) आअसं.1916/मुं/2014(िन.व. 2006-07) Dandvati Investments & Trading Company Pvt. Ltd. ‘The International’ 5Th Floor, 16, New Marine Lines Cross Road No.1, Churchgate, Mumbai – 400 020 Pan: Aaacd-3925-E ...... अपीलाथ"/Appellant बनाम Vs. Additional Commissioner Of Income Range 2(1) Mumbai. Aaykar Bhavan, M.K.Road, ..... "ितवाद"/Respondent Mumbai – 400 020 आअसं.3635/मुं/2012 (िन.व. 2006-07) आअसं.1915/मुं/2014 (िन.व. 2006-07) M/S. Firestorm Electronics Corporation Pvt. Ltd. ‘The International’ 5Th Floor, 16, New Marine Lines Cross Road No.1, Churchgate, Mumbai – 400 020 Pan: Aaacf-4730-D ...... अपीलाथ"/Appellant बनाम Vs. Assistant Commissioner Of Income Tax Circle -1(1), Mumbai.Room No.533, 5Th Floor,Aaykar Bhavan, M.K.Road, Mumbai – 400 020..... "ितवाद"/Respondent

For Appellant: Shri Yogesh Thar & Ms.Ikshu ShahFor Respondent: Shri Hoshang Boman Irani /
Section 143(3)Section 14A

assessment order passed u/s. 143(3) of the Income Tax Act, 1961 [in short ‘the Act’] and ITA No.1916/Mum/2014 is arising out of reassessment proceedings for the same Assessment Year. ITA NO.3638/MUM/2012 – A.Y. 2006-07: 2. This appeal by the assessee is directed against the order of Commissioner of Income ... assessee is directed against the order of CIT(A) -1, Mumbai dated 26/12/2013 for the Assessment Year 2006-07. The appeal emanates from reassessment proceedings in the case of assessee. The assessee in appeal has assailed validity of reopening of assessment and the addition on merits. 14. The ld. Authorized

Magan Vadhaji Prajapati, Mumbai vs. Income Tax Officer WD 19(2) (3), Mumbai

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

ITA 1215/MUM/2022[2011-12]Status: DisposedITAT Mumbai18 Nov 2022AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1215/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2011-12) Magan Vadhaji Prajapati बिधम/ Ito Ward-19(2)(3) Room No.15, 2Nd Floor, Matru Mandir Building, Vs. 39/41, Kamal Niwas 1St & 2Nd Floor, Nana Bhandari Street, Mumbai- Chowk, Bhatia Hospital 400004. Lane, Javji Dadaji Marg, Grant Road West, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Anwpp7146B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bharat Kumar Revenue By: Shri V. K. Chaturvedi (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/10/2022 घोषणा की तारीख /Date Of Pronouncement: 18/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) (Nfac), Delhi Dated 22.03.2022 For Ay. 2011-12. The Ground Of Appeal Raised By The Assessee Is As Under: - 2. “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Considering The Facts Whereas Some Suppliers Is Not Belonging To Assessee & Confirm The Addition Made By Ao. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming Addition Rs.17,38,432/- Which Was 12.5% Of Alleged Bogus Purchases.”

For Appellant: Shri Bharat KumarFor Respondent: Shri V. K. Chaturvedi (Sr. AR)
Section 133Section 133(6)

were found by the Sales Tax Department of Maharashtra to be indulged in practice of providing bogus sales/purchase bills without supplying any goods, reassessment proceedings in the case of assessee were initiated. Further, in order to verify the genuineness of the purchases made by the assessee, notice under section