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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

Plaza Securities Ltd, Mumbai vs. DCIT Cir 10(3) (20, Mumbai

ITA 1410/MUM/2021[2010-11]Status: DisposedITAT Mumbai04 Oct 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.1410/मुं/2021 ("न.व. 2010-11) Plaza Securities Limited, 8-B, Rajbahadur Motilal Mansion, 11/43 Tamarind Street, Fort, Mumbai 400 023 Pan: Aaacp-8335-L ...... अपीलाथ" /Appellant बनाम Vs. The Dcit, Circle – 10(3)(2), 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : S/ Shri N.R. Agarwal & Pranav Shroff ""तवाद" "वारा/Respondent By : S/Shri R.A. Dhyani & Soumendu Dash सुनवाई क" "त"थ/ Date Of Hearing : 08/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 04/10/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi Dated 06/08/2021 For The Assessment Year 2010-11. 2 2. The Solitary Ground Raised By The Assessee In Appeal Is Against The Addition Made On Account Of Client Code Modification.

For Appellant: S/ Shri N.R. Agarwal and Pranav ShroffFor Respondent: S/Shri R.A. Dhyani and Soumendu Dash

assessee is engaged in trading of shares and securities at Stock Exchange through brokers. The assessee is not a broker. The Assessing Officer in reassessment proceedings made addition of Rs.40,75,369/- on account of client code modifications allegedly made to transfer fictitious profits and losses. The ld. Authorized Representative ... manipulated. 5. Rebutting the submissions made on behalf of the Revenue, the ld. Authorized Representative for the assessee submitted that during the course of reassessment proceedings the assessee vide letter dated 30/03/2016 (at page 521 of the Paper Book) the assessee had conveyed that client code modifications were undertaken

Asst CIT Cir 4, Thane vs. Palghar Land Development Corporation, Vasai

In the result, appeal by Revenue is dismissed

ITA 6812/MUM/2016[2006-07]Status: DisposedITAT Mumbai30 Sept 2022AY 2006-07

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 6812/मुं/2016 ("न.व. 2006-07) Asstt. Commissioner Of Income Tax, Circle -4, Thane, 6Th Floor, A-Wing, Room No.2, Ashar I.T.Park, Wagle Industrial Estate, Road No.16Z, Thane (W). ...... अपीलाथ" /Appellant बनाम Vs. M/S. Palghar Land Development Corporation, Dewan Tower, Station Road, Navghar, Vasai . Pan: Aabfp-5145-J ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Ravinder Sindhu ""तवाद" "वारा/Respondent By : None. सुनवाई क" "त"थ/ Date Of Hearing : 21/09/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 30/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Thane [In Short ‘The Cit(A)’] Dated 23/08/2016 For The Assessment Year 2006-07. 2. The Revenue In Appeal Has Assailed The Findings Of Cit(A) On Two Grounds. The Relevant Grounds Raised By The Revenue Read As Under:

For Appellant: Shri Ravinder SindhuFor Respondent: None
Section 143(3)Section 50B

above issues. 4. We have heard the submissions made by ld.Departmental Representative and have examined orders of authorities below. The Assessing Officer in reassessment proceedings has made addition of Rs.1,77,92,916/- and Rs.1,12,50,000/- as the aforesaid amounts were not offered

Asst. CIT-1(3)(1), Mumbai vs. M/S. Tilaknagar Industries Ltd., Mumbai

ITA 1355/MUM/2021[2009-10]Status: DisposedITAT Mumbai29 Sept 2022AY 2009-10

Bench: Shri Baskaran B.R & Shri Vikas Awasthyआअसं. 1355/मुं/2021 ("न.व. 2009-10) Acit-1(3)(1), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Tilaknagar Industries Limited. 3Rd Floor, Indl.Assurance Bldg. Jd Tata Marg, Churchgate, Mumbai 400 020 Pan:Aaact-6047-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Damor ""तवाद" "वारा/Respondent By : Dr. K.Shivram, Sr. Advocate With Ms. Neelam Jadhav सुनवाई क" "त"थ/ Date Of Hearing : 04/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [In Short ‘The Cit(A)] Dated 04/01/2021 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing & Selling Of Indian Made Foreign Liquor. The 2 Assessee Filed Its Return Of Income For A.Y 2009-10 Declaring Total Income Of Rs.29,19,12,503/- On 30/09/2009. The Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’) Was Passed On 07/12/2011. Thereafter, The Assessing Officer Issued Notice U/S. 154 Of The Act Dated 18/03/2013 To Rectify The Alleged Mistake In Assessment Order On Two Counts:

For Appellant: Shri Rajesh DamorFor Respondent: Dr. K.Shivram, Sr. Advocate with Ms. Neelam Jadhav
Section 143(3)Section 148Section 154Section 154(7)Section 40

under section. 40 (a)(ia) of the Act. The assessee furnished detailed reply to the said notice on 11/07/2013. Thereafter, the Assessing Officer initiated reassessment proceedings for the impugned assessment year and issued notice u/s. 148 of the Act on 17/02/2014. The Assessing Officer passed order u/s. 143(3) r.w.s ... view that during original assessment proceedings something has been left out for examination, the Assessing Officer could have examined the same in reassessment proceedings. 6. On merits of the issue, the ld. Authorized Representative of the assessee Submitted that the assessee had claimed higher deprecation on MEE Plant installed during