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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

Ashok Kumar & Family, Delhi vs. ITO Ward-36(2), New Delhi

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

ITA 8839/DEL/2019[2011-12]Status: DisposedITAT Delhi24 Sept 2021AY 2011-12

Bench: Shri R.K. Panda

For Appellant: Shri Satinder Singh Kalra, CAFor Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 251(2)

raising the following grounds : “1. That on the facts and circumstances of the case the Ld. CIT(A) has erred in not treating reassessment proceedings u/s 147 of the I T Act, as invalid, bad in law, unjust and contrary to the facts and law. 2. That on the facts

City Life Projects P.Ltd, New Delhi vs. ITO, Ward-6(2), New Delhi

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

ITA 2668/DEL/2019[2010-11]Status: DisposedITAT Delhi17 Sept 2021AY 2010-11

Bench: Shri N.K. Billaiya[Assessment Year: 2010-11]

For Appellant: Shri Suresh K. Gupta, CAFor Respondent: Shri R.K. Gupta, Sr. DR
Section 143(1)Section 147Section 148Section 153CSection 68

this issue has already been adjudicated and decided in favour of the assessee by holding that on the basis of incriminating material found, once reassessment proceedings was initiated on the basis of incriminating material found in the search of 3rd party then the provisions of section 153C

Anirudh Kumar, New Delhi vs. ITO, Ward-32(5), New Delhi

In the result, the appeal of the assessee is allowed

ITA 8670/DEL/2019[2011-12]Status: DisposedITAT Delhi16 Sept 2021AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Anirudh Kumar, Vs. Ito, D-1, 2Nd Floor, Ward-32(5), Hauz Khas, New Delhi. New Delhi. Pan: Aaipk1426A (Appellant) (Respondent) Assessee By : Ms Lalita Krishnamurthy, Ca & Ms Himani Jain, Ca Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 03.08.2021 Date Of Pronouncement : 16.09.2021 Order

For Appellant: Ms Lalita Krishnamurthy, CA &For Respondent: Shri R.K. Gupta, Sr. DR
Section 147Section 148Section 68

which are as under:- 4. Before CIT(A), the assessee, apart from challenging the addition of Rs.19,64,235/-, also challenged the validity of reassessment proceedings. However, the ld.CIT(A) was not satisfied with the arguments advanced by the assessee and upheld the addition made by the AO as well ... reassessment proceedings initiated by him. 5. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds:- 2 “1. That the assumption of jurisdiction by the Assessing Officer under section 147 of the Income Tax Act, 1961, is arbitrary, unjust

Rajesh Kumar Verma, Bhiwani vs. ITO Ward -2, Bhiwani

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

ITA 3286/DEL/2019[2010-11]Status: DisposedITAT Delhi16 Sept 2021AY 2010-11

Bench: Shri N.K. Billaiya[Assessment Year: 2010-11]

For Appellant: Shri Narendra Kumar Jain, AdvFor Respondent: Shri R.K. Gupta, Sr. DR
Section 139(5)Section 147Section 148Section 234ASection 44ASection 80C

Delhi dated 26.02.2019 pertaining to assessment year 2010-11. 2. Grievances of the assessee read as under: “1. That the initiation of the reassessment proceedings u/s 147/148 beyond four year is not valid in law:- On the information received from AST System on borrowed (i) satisfaction without recording reasons that

Hari Ganga Fincap Pvt. Ltd., New Delhi vs. ITO, Ward- 11(1), New Delhi

In the result appeal of the assessee is allowed

ITA 2314/DEL/2018[2011-12]Status: DisposedITAT Delhi13 Sept 2021AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing) Hari Ganga Fincap Pvt. Ltd, Vs. Ito, Raj Kumar & Associates, Ca, L- Ward-11(1), 7A, (Lgf), South Extn. Part-Ii, New Delhi New Delhi Pan: Aaach6775J (Appellant) (Respondent)

For Appellant: Shir Raj Kumar, CAFor Respondent: Ms. Anima Barnwal, Sr. DR
Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68Section 69Section 69C

asstt. proceedings are without jurisdiction, illegal and un - sustainable in law. 3. That in the absence of disposing of all the objection against reassessment proceedings and as per law, the impugned asstt. is un - sustainable. 4. That under the facts and circumstances, the ld AO grossly erred ... case of DCIT Vs. Silverline Ltd in 65 Taxmann 137, 383 ITR 455 (Del) has categorically held that because the assessee participated in reassessment proceedings in pursuance to the notice u/s 148, it would not obviate mandatory requirement of the ld AO to issue the assessee a statutory notice

Green Park Estate Pvt. Ltd., New Delhi vs. ACIT, New Delhi

The appeal of the assessee stands allowed

ITA 1743/DEL/2013[2006-07]Status: DisposedITAT Delhi13 Sept 2021AY 2006-07
Section 143(3)Section 147Section 148Section 153ASection 153CSection 2(22)(e)Section 37(1)

case of one of the group companies M/s Green Valley Tower Pvt. Ltd. in ITA No.1735/Del/2013, wherein vide order dated 15.01.2021, the reassessment proceedings were held to be bad wherein identical reasons had been recorded by the same Assessing Officer (AO) on M/s Green Park Estate (P) Ltd. Vs. ACIT ... merits of the case and submitted that these may be considered as the arguments of the assessee in case the initiation of reassessment proceedings u/s 147 of the Act were held to be justified. The copy of the synopsis has been taken on record. 5.0 Per contra

Interglobal Steels Pvt. Ltd., New Delhi vs. ITO Ward - 1(2), New Delhi

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

ITA 148/DEL/2020[2011-12]Status: DisposedITAT Delhi08 Sept 2021AY 2011-12

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2011-12]

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Rocktim Saikia, Sr. DR
Section 143(1)Section 148Section 250(6)Section 68

much as he was not justified to uphold the action of the Learned Income Tax Officer, Ward - 12(3), New Delhi in resorting reassessment proceedings u/s 148 of the Act. 2. That the order dated 14.11.2019 passed u/s 250(6) of the Act by the Learned Commissioner of Income ... Memorandum treats the amendment to be clarificatory and contains the following Explanation : "Some courts have held that the Assessing Officer has to restrict the reassessment proceedings only to issues in respect of which the reasons have been recorded for reopening the assessment. He is not empowered to touch upon

J.D. Sons Steel Pvt. Ltd., Faridabad vs. ACIT, Faridabad

In the result, the appeal of the assessee is allowed

ITA 1061/DEL/2015[2009-10]Status: DisposedITAT Delhi31 Aug 2021AY 2009-10

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Rajesh Jain, CAFor Respondent: Shri Umesh Takiyar, Sr.D.R
Section 139Section 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 148(1)Section 148(2)Section 68

No.1060-D-2015 10. Ground Nos. 1, 2 and 3. Taking up the first issue raised by the appellant is regarding the validity of the reassessment proceedings u/s 147/148. I have considered the facts of the case, observations of the AO and submissions of the appellant. For reopening an assessment made under ... reopening u/s 147:- 8. Ground No.1 and 2. Taking up the first issue raised by the appellant is regarding the validity of the reassessment proceedings u/s.147/148. I have considered the facts of the case, observations of the AO and submissions of the appellant. For reopening an assessment made under Section

Nitin Gupta, Delhi vs. ITO, Ward- 47(4), New Delhi

The appeals are allowed

ITA 3147/DEL/2018[2010-11]Status: DisposedITAT Delhi23 Aug 2021AY 2010-11

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

Section 145Section 147Section 148

without jurisdiction and the assessment is liable to be quashed. 3. That the learned assessing officer erred in law in initiating and completing reassessment proceedings under section 147/148 of the Income Tax Act, 1961 by disposing the objection for initiation of assessment proceedings in mechanical manner without passing a speaking ... order. Hence, the initiation and completion of reassessment proceedings under section 148 of the Act is bad in law and liable to be quashed. 4. That the learned assessing officer erred both in law and fact in making addition of Rs. 3,35,164/- on account of purchases made from

Nitin Gupta, Delhi vs. ITO, Ward- 47(4), New Delhi

The appeals are allowed

ITA 3146/DEL/2018[2009-10]Status: DisposedITAT Delhi23 Aug 2021AY 2009-10

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

Section 145Section 147Section 148

without jurisdiction and the assessment is liable to be quashed. 3. That the learned assessing officer erred in law in initiating and completing reassessment proceedings under section 147/148 of the Income Tax Act, 1961 by disposing the objection for initiation of assessment proceedings in mechanical manner without passing a speaking ... order. Hence, the initiation and completion of reassessment proceedings under section 148 of the Act is bad in law and liable to be quashed. 4. That the learned assessing officer erred both in law and fact in making addition of Rs. 3,35,164/- on account of purchases made from

Nitin Gupta, Delhi vs. ITO, Ward- 47(4), New Delhi

The appeals are allowed

ITA 3145/DEL/2018[2008-09]Status: DisposedITAT Delhi23 Aug 2021AY 2008-09

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

Section 145Section 147Section 148

without jurisdiction and the assessment is liable to be quashed. 3. That the learned assessing officer erred in law in initiating and completing reassessment proceedings under section 147/148 of the Income Tax Act, 1961 by disposing the objection for initiation of assessment proceedings in mechanical manner without passing a speaking ... order. Hence, the initiation and completion of reassessment proceedings under section 148 of the Act is bad in law and liable to be quashed. 4. That the learned assessing officer erred both in law and fact in making addition of Rs. 3,35,164/- on account of purchases made from

Shri Anil Nanda, New Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is dismissed

ITA 3318/DEL/2017[2007-08]Status: DisposedITAT Delhi18 Aug 2021AY 2007-08

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2007-08 Anil Nanda, Vs Dcit, 12-C, Friends Colony, Circle-68(1), New Delhi. New Delhi. Pan Aafpn4381A (Appellant) (Respondent) Assessee By : Shri Deepak Ostwal, Ca Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 02.06.2021 Date Of Pronouncement : 18.08.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St March, 2017 Of The Cit(A)-32, New Delhi Relating To Assessment Year 2007-08. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & It Filed Its Return Of Income On 30Th July, 2007 Declaring Total Income At Rs.8,25,64,675/-. The Assessment Was Completed U/S 143(3) Of The Act On 30Th October, 2009 Accepting The Returned Income. Subsequently, The Ao Reopened The Assessment U/S 147 Of The It Act, 1961 After Recording The Following Reasons:-

For Appellant: Shri Deepak Ostwal, CAFor Respondent: Shri Satpal Gulati, CIT, DR
Section 143(3)Section 147Section 148Section 151Section 2(22)(e)Section 246

suspect and not reason to believe. 5. However, the AO rejected all the objections raised by the assessee challenging the validity of the reassessment proceedings. Rejecting the various explanations given by the assessee and relying on the decision of the Hon’ble Delhi High Court in the case ... this sum/deposit is taxable in the hands of Shri Anil Nanda. 6. Before the CIT(A), the assessee, apart from challenging the validity of reassessment proceedings also challenged the addition on merit. However, the ld. CIT(A) also was not satisfied with the arguments advanced by the assessee and upheld

Maneeta, Noida vs. ITO, Ward- 2(2), Noida

The appeal of the assessee is partly allowed for statistical purpose

ITA 7036/DEL/2017[2009-10]Status: DisposedITAT Delhi13 Aug 2021AY 2009-10

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

Section 139(1)Section 142(1)Section 147Section 148Section 149Section 156Section 208Section 234A

case, the Ld. CIT (A) erred in not considering the 1st and 2nd ground of appeal i.e. the A.O. was wrong in initiating reassessment proceedings u/s 147/148 of the Income-tax Act, 1961 (the Act) as the purported notice stated to be sent by the A.O. was never served

R.N. Khemka Enterprises (P) Ltd., Delhi vs. ITO Ward- 20(3), New Delhi

In the result, the appeal filed by the assessee is

ITA 7244/DEL/2019[2011-12]Status: DisposedITAT Delhi12 Aug 2021AY 2011-12

Bench: Shri R.K. Panda & Ms. Suchitra Kamble[Assessment Year: 2011-12]

Section 131Section 139Section 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 68

returned income of Rs.30,460/-. 7. Before the learned CIT(A), the assessee apart from challenging the addition on merit challenged the validity of reassessment proceedings. It was argued that the provisions of section 153C are applicable to the facts of the present case and not 147. It was also ... argued that the reassessment proceedings were made without applying independent mind by the AO and the reopening was merely based on the report of the Investigation Wing. It was also argued that the reasons recorded do not contain the name of the so called entry provider, the important details

Jansampark Advertising & Marketing P.Ltd, Delhi vs. ITO, Ward-4(2) (Now Ward-13(2), New Delhi

In the result, appeal of the assessee is allowed

ITA 3132/DEL/2018[2004-05]Status: DisposedITAT Delhi12 Aug 2021AY 2004-05

Bench: Shri N.K.Billaiya & Shri K.Narasimha Chary

Section 143(3)Section 148Section 68

page No. 30, but recorded a finding that the reasons were properly recorded, the communication of reasons was made to the assessee at the reassessment proceedings, even in the subsequent appellate proceedings, raising any objection to the reasons recorded are to the sufficiency of material, based on which the reopening ... quiver and only disclosing few arrows out of that is not expected from a revenue officer. It also against the fair play rule of reassessment proceedings. In Haryana Acrylic Manufacturing Co V Commissioner of Income tax 308 ITR 38 [ Delhi] the identical issue arose. As per para no 4 following

DCIT, New Delhi vs. M/S Shrey Infradevelopers Pvt. Ltd., New Delhi

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

ITA 6229/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Aug 2021AY 2010-11

Bench: Shri N.K. Billaiya & Ms. Madhumita Roy[A.Y 2010-11]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Prakash Dubey, Sr. DR
Section 143(3)Section 147Section 148Section 250Section 264Section 4

Punjab and Haryana in the case of Smt. Anchi Devi 218 CTR 0011 has held that AO cannot be allowed to initiate fresh reassessment proceedings on identical facts where the first reassessment proceedings were quashed being barred by limitation. The relevant findings of the Hon’ble High Court read ... quashed by CIT(A) as the proceedings by way of issue of notice under Section 143(2) were initiated beyond time. The reassessment proceeding under Section 147 was initiated by the AO and the total income was assessed at Rs. 21,15,040 as was determined in the original assessment

Lakhmi Chand Tejoo Mal, Delhi vs. ACIT, Circle-47(1), New Delhi

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

ITA 8094/DEL/2019[2011-12]Status: DisposedITAT Delhi06 Aug 2021AY 2011-12

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2011-12]

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri E.V. Bhaskar, Sr. DR
Section 143(3)Section 147Section 148Section 68

discloses that the same entries have been repeated six times. This is clearly indicative of the callous manner in which the reasons for initiating reassessment proceedings are recorded and we are unable to countenance that any belief based on such statements can ever be arrived at. The reasons have been

Vpr Consultants Pvt Ltd, New Delhi vs. ITO Ward - 26(4), New Delhi

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

ITA 126/DEL/2020[2010-11]Status: DisposedITAT Delhi03 Aug 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Vpr Consultants Pvt. Ltd., Vs. Ito, Cb-385B, Ring Road, Ward-26(4), Naraina, New Delhi. New Delhi. Pan: Aaccv9211D (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 03.08.2021 Date Of Pronouncement : 03.08.2021 Order

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr.DR
Section 142(1)Section 147Section 148Section 68Section 69Section 69C

relate to the ex parte order of the CIT(A) in confirming the various additions made by the AO and the validity of reassessment proceedings. 4. Facts of the case, in brief, are that the assessee is a company and has filed its return of income on 24th March

Addl. CIT, New Delhi vs. M/S. United Hotels Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 2155/DEL/2017[2013-14]Status: PendingITAT Delhi28 Jul 2021AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) Acit, Vs. M/S. United Hotels Limited Special Range – 9, The Ambassador Hotel, New Delhi Sujan Singh Park, Cornwallis Road, Pan No. Aaacu 0031 C New Delhi-110003 (Appellant) (Respondent) Assessee By Shri Prakash Dubey, Sr. D.R. Revenue By Shri Jagdish Ajmani, C.A. Date Of Hearing: 14/07/2021 Date Of Pronouncement: 28/07/2021 Order Per Anil Chaturvedi, Am:

Section 143(3)Section 14ASection 36(1)(ii)

subsequent year. We further find that based on 7 the view of disallowance of enhanced rent paid in the year under consideration, no reassessment proceedings for earlier years has been initiated by the Revenue. Considering the totality of the aforesaid facts and relying on the aforesaid decision rendered

ITO, New Delhi vs. M/S. Nimai Developers Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 2115/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Jul 2021AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) Acit, Vs. M/S. United Hotels Limited Special Range – 9, The Ambassador Hotel, New Delhi Sujan Singh Park, Cornwallis Road, Pan No. Aaacu 0031 C New Delhi-110003 (Appellant) (Respondent) Assessee By Shri Prakash Dubey, Sr. D.R. Revenue By Shri Jagdish Ajmani, C.A. Date Of Hearing: 14/07/2021 Date Of Pronouncement: 28/07/2021 Order Per Anil Chaturvedi, Am:

Section 143(3)Section 14ASection 36(1)(ii)

subsequent year. We further find that based on 7 the view of disallowance of enhanced rent paid in the year under consideration, no reassessment proceedings for earlier years has been initiated by the Revenue. Considering the totality of the aforesaid facts and relying on the aforesaid decision rendered