← All Phrases

“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

Assistant Commissioner of Income Tax, Central Circle-25, New Delhi, Delhi vs. Bijwasan Realty One Private Limited, Delhi

Appeal of the Revenue is dismissed being devoid of any merit

ITA 7131/DEL/2025[2018-19]Status: DisposedITAT Delhi02 Jan 2026AY 2018-19

Bench: Shri Vikas Awasthyआअसं.7131/धिल्ली/2025 (नि.व. 2018-19) Assistant Commissioner Of Income Tax, Central Circle-25, R.No 317, 3Rd Floor, Ara Centre, ...... अपीलार्थी/Appellant Jhandewalan Extn. Delhi 110055 बिाम Vs. Bijwasan Realty One P. Ltd., 85A, Rishy Amook, Panchkuian Road, New Delhi 110001 ..... प्रनिवादी/Respondent Pan: Aafcr-3144-L अपीलार्थी द्वारा/Appellant By : Shri Manoj Kumar, Sr. Dr प्रधििािीद्वारा/Respondent By : Shri Abhishek Jain, Chartered Accountant & Ms. Sunidhi Sharma, Advocate सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 02/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, New Delhi [In Short ‘The Cit(A)’] Dated 16.07.2025, For Assessment Year 2018-19. 2. The Appeal Is Time Barred By 7 Days. The Revenue Has Filed An Application Citing Reasons For Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Application Which Appears To Be Bonafide. Considering The 2 Explanation Furnished By The Department, Delay Of 7 Days In Filing Of Appeal Is Condoned & Appeal Is Taken Up For Adjudication On Merits.

For Appellant: Shri Manoj Kumar, Sr. DRFor Respondent: Shri Abhishek Jain, Chartered Accountant &
Section 147Section 148Section 194ASection 69C

notice u/s. 148 was issued on 29.03.2022. In response, the assessee filed return of income on 12.04.2022 again declaring Nil income. During reassessment proceedings, the Assessing Officer (AO) noted that the assessee had made a transaction of Rs.25,97,503/- with M/s KG Finvest Pvt. Ltd. during the relevant previous ... made addition of Rs.25,97,503/- u/s.69C of the Act. The assessee filed appeal before the CITT(A) inter alia challenging validity of reassessment proceedings, as well as, addition on merits. The CIT(A), after considering the submissions of the assessee and the evidences available on record, upheld validity

Pooja Prabhakar, Chennai vs. Income Tax Officer, Non Corporate Ward 15(1), Chennai

ITA 3048/CHNY/2025[2017-18]Status: DisposedITAT Chennai01 Jan 2026AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:3046, 3047 & 3048/Chny/2025 निर्धारण वर्ष / Assessment Years: 2015-16, 2016-17 & 2017-18 Pooja Prabhakar, 17 Kingston Apartments, M G Ramachandran Road Kalakshetra Colony, Chennai - 600 090. [Pan: Bcgpp-8061-H] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By Ito, Vs. Non-Corp Ward -15(1), Chennai. (प्रत्यर्थी/Respondent) : Mr. R. Venkataraman, Fca & Mr. K. Vishwa Padmanabhan, Fca. : Shri. Arv Sreenivasan, Cit. सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement आदेश /Order Per S. R. Raghunatha, Am : : 16.12.2025 : 01.01.2026 These Three Appeals Preferred By The Assessee Are Directed Against The Separate Orders, Each Dated 25.08.2025, Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As “Ld. Cit(A)”). The Impugned Orders Arise Out Of The Assessments Framed By The National Faceless Assessment Centre (Hereinafter Referred To As The "Ao”) U/S.147 R.W.S 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As "The Act"), Pertaining To Assessment Years 2015-16, 2016-17 & 2017-18 :-2-:

Section 144Section 147Section 148Section 148ASection 201Section 69A

आयकर अपीलीय अधिकरण, 'डी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, CHENNAI श्री मनु कुमार गिरि, न्यायिक

Pooja Prabhakar, Chennai vs. Income Tax Officer, Non Corporate Ward 15(1), Chennai

ITA 3046/CHNY/2025[2015-16]Status: DisposedITAT Chennai01 Jan 2026AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:3046, 3047 & 3048/Chny/2025 निर्धारण वर्ष / Assessment Years: 2015-16, 2016-17 & 2017-18 Pooja Prabhakar, 17 Kingston Apartments, M G Ramachandran Road Kalakshetra Colony, Chennai - 600 090. [Pan: Bcgpp-8061-H] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By Ito, Vs. Non-Corp Ward -15(1), Chennai. (प्रत्यर्थी/Respondent) : Mr. R. Venkataraman, Fca & Mr. K. Vishwa Padmanabhan, Fca. प्रत्यर्थी की ओर से/Respondent By : Shri. Arv Sreenivasan, Cit. सुनवाई की तारीख/Date Of Hearing : 16.12.2025 घोषणा की तारीख/Date Of Pronouncement : 01.01.2026 आदेश /Order Per S. R. Raghunatha, Am : These Three Appeals Preferred By The Assessee Are Directed Against The Separate Orders, Each Dated 25.08.2025, Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As “Ld. Cit(A)”). The Impugned Orders Arise Out Of The Assessments Framed By The National Faceless Assessment Centre (Hereinafter Referred To As The "Ao”) U/S.147 R.W.S 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As "The Act"), Pertaining To Assessment Years 2015-16, 2016-17 & 2017-18 :-2-:

For Respondent: Shri. ARV Sreenivasan, CIT
Section 144Section 147Section 148Section 148ASection 69A

आयकर अपीलीय अधिकरण, 'डी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, CHENNAI श्री मनु कुमार गिरि, न्यायिक

Dharam Chand Agarwal, Kanpur (Uttar Pardesh) vs. Principal Commissioner of Income Tax, Kanpur- I

In the result, the appeal of the assessee is partly allowed

ITA 358/LKW/2024[2016-2017]Status: DisposedITAT Lucknow31 Dec 2025AY 2016-2017

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Dharam Chand Agarwal, Vs. Pr. Commissioner Of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. Pan: Aanpa1942L (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 07.10.2025 Date Of Pronouncement: 31.12.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Pr. Cit, Kanpur-1 On 31.03.2024 Under Section 263 Of The Income Tax Act, 1961, Wherein The Ld. Pcit Has Set Aside The Order Passed By The Ld. Ao On 28.03.2022 Under Section 147 R.W.S. 144B For The A.Y. 2016-17 & Directing Him To Pass A Fresh Assessment Order. The Grounds Of Appeal Are As Under:- “1. Because The Assessment Order U/S 147 R.W.S 144 Dated 28.03.2022, Which Has Been Set Aside U/S 263 Of The Act By The Impugned Order Passed By Pr. Cit, Itself Was Illegal & Was Not Enforceable Due To Various Infirmities In The Initiation & Conclusion Of Re-Assessment Proceedings, The Same Could Not Have Been Subjected To Revision U/S 263 Of The Act & Consequently The Impugned Order Is Bad In Law & Wholly Without Jurisdiction. Without Prejudice To The Aforesaid 2. Because The Pr. Cit Has Erred In Law & On Facts In Holding That The Assessment Order Dated 28.03.2022 Passed By The Assessing Officer, Nfac U/S 147 R.W.S 144B Of The Act Is Erroneous In So Far As It Is Prejudicial To The Interest Of Revenue & In Setting Aside The Same By Exercising His Revisionary Jurisdiction U/S 263 Of The Act.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 133ASection 147Section 148Section 263

issue of notice under section 148 was not added in the assessment, then addition in respect of, “other item of income” discovered during reassessment proceedings would be invalid, was not free from doubt as such interpretation undermined the essential objective of section 147 and, “unduly restricts and narrows