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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

Merck Performance Materials Pvt Ltd., Mumbai vs. Asst CIT 15(2)(2), Mumbai

ITA 1210/MUM/2020[2011-12]Status: DisposedITAT Mumbai13 Apr 2022AY 2011-12

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1210/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Merck Performance Materials बिधम/ The Assistant Pvt. Ltd., (Formerly Known As Commissioner Of Income Vs. Chemtreat Composites India Tax – 15(2)(2), Mumbai, Pvt. Ltd.) Aayakar Bhavan, Godrej One, Pirojsha Nagar, M.K. Road, Eastern Express Highway, Mumbai - 400020 Vikhroli (East), Mumbai- 400079 Pan : Aabcc5609B (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: Arati Vissanji For The Respondent/Revenue: C.T. Mathews सुनवाई की तारीख / Date Of Hearing : 03.02.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 02.12.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 24, Mumbai (Hereafter Referred To As „The Cit(A)‟] Under Section 250 Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟), Whereby The Ld. Cit(A) Had Dismissed The Appeal Against The Assessment Order, Dated 29.12.2017, Passed Under Section 143(3) Read With Section 147 Of The Act.

For Appellant: Arati VissanjiFor Respondent: C.T. Mathews
Section 10ASection 10BSection 115JSection 143(1)Section 143(3)Section 147Section 148Section 250

objection, of the material/facts disclosed by the Appellant and forming part of the record. 14. In view of the above, we hold that the reassessment proceedings for the Assessment Year 2011-12 have been initiated in violation of the provision of section 147 of the Act. Accordingly, we reverse

Cachet Engineering P.Ltd., Mumbai vs. ITO 12(1)-4, Mumbai

In the result, the appeal filed by the assessee is hereby allowed for statistical purposes

ITA 1917/MUM/2020[2011-12]Status: DisposedITAT Mumbai06 Apr 2022AY 2011-12

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1917/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Cachet Engineering Pvt. Ltd. बिधम/ Ito-12(1)-4 Ground Floor, Anandibai 145A, Aayakar Bhavan, M. Vs. Gosavi Chawl, Kurar K. Road, Mumbai-400020. Village, Malad (E)-400097. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc9354L (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri R.A. Dhyani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 15/03/2022 घोषणा की तारीख /Date Of Pronouncement: 06/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 19.11.2019 Passed By The Commissioner Of Income Tax (Appeals)-20, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2011-12. 2. The Assessee Has Raised The Following Grounds: - “1. That The Learned Cit (A), Mumbai Has Grossly Erred Both In Law & On Facts In Confirming The Reassessment Proceedings & Also Framing The Assessment Under Section 143(3)/147 Of The Act Determining The Income Of The Appellant At An Income Of Rs.5,05,00,000/- As Against Returned Loss Of Rs. 30,080/-.

For Appellant: NoneFor Respondent: Shri R.A. Dhyani (Sr. AR)
Section 143(3)Section 147Section 148Section 234BSection 40A(3)Section 68

raised the following grounds: - “1. That the learned CIT (A), Mumbai has grossly erred both in law and on facts in confirming the reassessment proceedings and also framing the assessment under section 143(3)/147 of the Act determining the income of the appellant at an income of Rs.5 ... That the learned CIT (A) has grossly erred both in law and on facts in failing to appreciate that initiating the reassessment proceedings by issuing a notice under section 148 of the Act, without satisfying the statutory preconditions as envisaged under section 147 of the Act, and hence initiation

Dy CIT-CC-6(3), Mumbai vs. M/S. Marathon Nextgen Realty Ltd, Mumbai

ITA 798/MUM/2021[2011-12]Status: DisposedITAT Mumbai25 Mar 2022AY 2011-12

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 797/मुं/2021 ("न. व. 2012-13 ) आअसं. 798/मुं/2021 ("न. व. 2011-12 ) आअसं. 799/मुं/2021 ("न. व. 2010-11) Dy. Commissioner Of Income Tax, Central Circle – 6(3), Room No.1926, 19Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... अपीलाथ" /Appellant बनाम Vs. M/S. Marathon Nextgen Realty Limited, Marathon Futurex Mafatlal Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai 400 013. Pan: Aaacp-8032-E ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri J.P. Bairagra With Ms. Rupa Nanda ""तवाद" "वारा/Respondent By : Shri C.T. Mathews सुनवाई क" "त"थ/ Date Of Hearing : 23/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 25/03/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Three Appeals By The Revenue Are Directed Against The Orders Of Commissioner Of Income Tax(Appeals)-54, Mumbai [In Short ‘ The Cit(A)’], For The 2

For Appellant: Shri J.P. Bairagra with Ms. Rupa NandaFor Respondent: Shri C.T. Mathews
Section 147Section 148

Authorized Representative for the assessee summed up his arguments supporting the impugned order and stated that the CIT(A) has rightly held reassessment proceedings are bad in law for the reasons: (i) Reopening is based on audit objections; (ii) Reopening is a result of change of opinion ... assessee’s failure to disclose fully and truly all material facts necessary for the assessment. Therefore, in our considered view the validity of reassessment proceedings are liable to fail on this account itself. 7.1 The Hon'ble Bombay High Court in the case of PCIT