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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

Badley Singh, Ghaziabad vs. ITO Ward - 1(5), Ghaziabad

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

ITA 9433/DEL/2019[2010-11]Status: DisposedITAT Delhi15 Jun 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Badley Singh, Vs Ito, 5/11, Gda Market, Ward-1(5), Sector-5, Ghaziabad. Ghaziabad. Pan : Aygps9473B (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 15.06.2021 Date Of Pronouncement : 15.06.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 30Th September, 2019 Of The Cit(A), Ghaziabad, Relating To The Assessment Year 2010-11. 2. None Appeared On Behalf Of The Assessee Despite Service Of Notice, Therefore, This Appeal Is Being Decided On The Basis Of The Material Available On Record & After Hearing The Ld. Dr. 3. Facts Of The Case, In Brief, Are That On The Basis Of Air Information That The Assessee Has Deposited Cash Of Rs.16,18,000/- In His Savings Bank Account, The Case Of The Assessee Was Reopened U/S 147 Of The Act After Recording The Reasons. Notice U/S 148 Of The Act Dated 30Th March, 2007 Was Issued To The Assessee. Subsequently, The Ao Issued Notice U/S 142(1) Of The Act. Since There Was Non- Compliance From The Side Of The Assessee, The Ao, Invoking The Provisions Of Section 144 Of The Act, Made Addition Of Rs.16,18,000/- To The Total Income Of The Assessee U/S 69 Of The Act. In Appeal, The Ld. Cit(A) Upheld The Validity Of The Reassessment Proceedings As Well As The Addition On Merits.

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 69

total income of the assessee u/s 69 of the Act. In appeal, the ld. CIT(A) upheld the validity of the reassessment proceedings as well as the addition on merits. 4. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal by raising ... assessee could not appear before the CIT(A), the ld.CIT(A), in the ex parte order passed by her, upheld the validity of the reassessment proceedings and sustained the addition on merit. Considering the totality of the facts of the case and in the interest of justice, I deem