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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

Venkata Rama Krishnam Raju Chintalapati, Hyderabad vs. DCIT., Circle 8(1), Hyderabad

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 143/HYD/2025[2018-19]Status: DisposedITAT Hyderabad10 Dec 2025AY 2018-19

Bench: Us:

For Appellant: Shri KA Sai Prasad, CAFor Respondent: Shri Waseem UR Rehman
Section 147Section 148Section 148ASection 151

without obtaining the approval of the specified authority u/s. 151(ii) of the Act, we find substance in the same. Admittedly, the reassessment proceedings u/s. 147 of the Act had been revamped vide the Finance Act, 2021 w.e.f. 01.04.2021. The substituted Sections 147 to 159 and Section ... Income Tax Act (IT Act) by the Finance Act, 2021, radical and reformative changes are made governing the procedure for reassessment proceedings. Amended sections 147 to 149 and section 151 of the IT Act prescribe the procedure governing initiation of reassessment proceedings. However, for several reasons, the same gave rise

Manikumari Samanchi, Zaheerabad vs. Income Tax Officer, Ward-1, Sangareddy

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 1345/HYD/2025[2016-17]Status: DisposedITAT Hyderabad10 Dec 2025AY 2016-17

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

Section 147Section 148Section 148ASection 14BSection 69A

were set aside by the High Courts, the Hon'ble Supreme Court has only permitted the Union of India to proceed further with the reassessment proceedings under the amended provision of law, more particularly, as amended by the Finance Act, 2021. It never intended the authorities concerned to continue with

Manikumari Samanchi, Zaheerabad vs. Income Tax Officer, Ward-1, Sangareddy

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 1344/HYD/2025[2015-16]Status: DisposedITAT Hyderabad10 Dec 2025AY 2015-16

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

Section 147Section 148Section 148ASection 14BSection 69A

were set aside by the High Courts, the Hon'ble Supreme Court has only permitted the Union of India to proceed further with the reassessment proceedings under the amended provision of law, more particularly, as amended by the Finance Act, 2021. It never intended the authorities concerned to continue with

Siva Sankara Reddy Tunga, Hyderabad vs. ITO., Ward - 14(1), Hyderabad

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 1060/HYD/2025[2016-17]Status: DisposedITAT Hyderabad10 Dec 2025AY 2016-17

Bench: Us:

Section 147Section 148Section 148ASection 69A

were set aside by the High Courts, the Hon'ble Supreme Court has only permitted the Union of India to proceed further with the reassessment proceedings under the amended provision of law, more particularly, as amended by the Finance Act, 2021. It never intended the authorities concerned to continue with

Income Tax Officer, Ward-1, Warangal vs. Shiva Kumar Thota, Warangal

In the result, the primary objection filed by the assessee vide his letter, dated 02/06/2025 is allowed while for the appeal filed by

ITA 996/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Dec 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.996/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Income Tax Officer, Vs. Shiva Kumar Thota, Ward-1, Warangal. Warangal. Pan: Aaopt4519M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By: Mrs. U. Mini Chandran, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Date Of 10/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Revenue Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 06/08/2024 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “The Act”), Dated 26/05/2023 For The Assessment Year 2017-18. The Revenue Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: Mrs. U. Mini Chandran
Section 147Section 148Section 148ASection 43BSection 68

without obtaining the approval of the specified authority u/s. 151(ii) of the Act, we find substance in the same. Admittedly, the reassessment proceedings u/s. 147 of the Act had been revamped vide the Finance Act, 2021 w.e.f. 01.04.2021. The substituted Sections 147 to 159 and Section ... Income Tax Act (IT Act) by the Finance Act, 2021, radical and reformative changes are made governing the procedure for reassessment proceedings. Amended sections 147 to 149 and section 151 of the IT Act prescribe the procedure governing initiation of reassessment proceedings. However, for several reasons, the same gave rise

Urmila Garg, Howrah vs. ITO, Ward 47(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1734/KOL/2025[2013-2014]Status: DisposedITAT Kolkata10 Dec 2025AY 2013-2014

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2013-14 Urmila Garg…………………………..………………….……….……….……Appellant Flat No.402, 138 Block-A, 4Th Floor, Gt Road, Howrah - 711102.. [Pan: Adapg1577B] Vs. Ito, Ward-47(1), Kolkata..…………...…………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2025 Date Of Pronouncing The Order : December 10, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.06.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 147Section 148Section 148ASection 250

well as on facts of the case. 2. That the Hon'ble Commissioner of Income Tax (Appeals) erred in upholding the reassessment proceedings initiated by the Learned Assessing Officer without appreciating that the notice issued under section 148 of the Income Tax Act, 1961 was unsigned, and therefore invalid ... eyes of law, rendering the entire reassessment proceedings void ab initio. 3. That the Hon'ble Commissioner of Income Tax (Appeals) erred in upholding the action of the Learned Assessing Officer in treating the notice issued under section 148 of the Income Tax Act, 1961 as valid, despite the fact

Bhavana Vikram Jain, Mumbai vs. Central Circle - 4(2), Mumbai

In the result, the appeals by the assessee are allowed

ITA 6365/MUM/2025[2019-20]Status: DisposedITAT Mumbai10 Dec 2025AY 2019-20

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Solgy Jose T. Kottaram, CIT-DR
Section 132Section 153CSection 250Section 69

correct and authenticated to the extent assessee paid ‘on- money’ in cash, no addition can be made and even otherwise during the entire reassessment proceedings the veracity and reliability of the data recorded in the pendrive was not checked or tested. Therefore, in such a scenario no addition is warranted

Bhavana Vikram Jain, Mumbai vs. Central Circle 4(2), Mumbai

In the result, the appeals by the assessee are allowed

ITA 6364/MUM/2025[2018-19]Status: DisposedITAT Mumbai10 Dec 2025AY 2018-19

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Solgy Jose T. Kottaram, CIT-DR
Section 132Section 153CSection 250Section 69

correct and authenticated to the extent assessee paid ‘on- money’ in cash, no addition can be made and even otherwise during the entire reassessment proceedings the veracity and reliability of the data recorded in the pendrive was not checked or tested. Therefore, in such a scenario no addition is warranted

Bhavana Vikram Jain, Mumbai vs. Central Circle - 4(2), Mumbai

In the result, the appeals by the assessee are allowed

ITA 6363/MUM/2025[2017-18]Status: DisposedITAT Mumbai10 Dec 2025AY 2017-18

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Solgy Jose T. Kottaram, CIT-DR
Section 132Section 153CSection 250Section 69

correct and authenticated to the extent assessee paid ‘on- money’ in cash, no addition can be made and even otherwise during the entire reassessment proceedings the veracity and reliability of the data recorded in the pendrive was not checked or tested. Therefore, in such a scenario no addition is warranted

Rajesh Mohan Singh Hajari, Mumbai vs. ITO Ward 16(3)(1), Mumbai

In the result, ground No. 3 of assessee‟s appeal is allowed

ITA 5157/MUM/2025[2014-15]Status: DisposedITAT Mumbai10 Dec 2025AY 2014-15

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2014-15 Rajesh Mohan Singh Hajari, Income Tax Officer, Type 4 B/293, Ward-16(3)(1), Dr. Bam Hosp., Vs. Aayakar Bhavan, Byculla, Mumbai-400020. Mumbai-400030. Pan : Aazph4367E (Appellant) (Respondent) For Assessee : Shri Shailesh Bandi For Revenue : Shri Kavan N. Limbasiya, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 10-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 21-07-2025, Pertaining To Assessment Year (Ay) 2014-15, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao Of Reopening The Case Under Section 148 Of The It Act, 1961. 2. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao, The Reassessment Order

For Appellant: Shri Shailesh BandiFor Respondent: Shri Kavan N. Limbasiya, Sr.DR
Section 142(1)Section 143(3)Section 147Section 148

Regarding ground no. 2, the ld AR submitted that the AO has not issued notice u/s 143(2) and therefore, the whole of the reassessment proceedings u/s 147 and consequent order so passed by the AO is bad in law and deserve to be set-aside and in support ... income in response to notice u/s 148 of the Act and the AO thereafter, has issued notice u/s 142(1) and has completed the reassessment proceedings and passed the order u/s 147 r/w 144B of the Act. It was submitted that where no return of income has been furnished, there

Umar Daraj, Meerut vs. ITO Ward-1(2)(4), Meerut

In the result, the appeal filed by the assessee is partly allowed

ITA 3095/DEL/2025[2015-16]Status: DisposedITAT Delhi10 Dec 2025AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Umar Daraj, Vs. Ito, Ward 1(2)(4), 153/1, Hapur Road, Meerut. Umar Nagar, Meerut – 250 001 (Uttar Pradesh). (Pan : Ainpd8766H) (Appellant) (Respondent) Assessee By : Shri Sumit Lal Chandani, Advocate Revenue By : Shri Dayainder Singh Sidhu, Citdr Date Of Hearing : 17.09.2025 Date Of Order : 10.12.2025 O R D E R Per S. Rifaur Rahman:

For Appellant: Shri Sumit Lal Chandani, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CITDR
Section 142(1)Section 143(3)Section 148Section 151Section 40A

additions made by ITO Delhi is illegal, and bad in law. 3. On the facts and circumstances of the case and in law, the reassessment proceedings initiated are contrary to the provisions of law including the specific provisions of section 147 to section 151 of Act and therefore, the reassessment ... quashed. 4. That the approval granted under Section 151 of the Act is mechanical and without independent satisfaction of the sanctioning authority, vitiating the reassessment proceedings. The Commissioner of Income Tax (Appeals) has 6 erred in failing to appreciate this defect and in upholding the reassessment order. 5. That

Aakanksha Gupta, Delhi vs. ITO Ward 69(1), New Delhi, Delhi

In the result, the appeal filed by the Assessee is allowed

ITA 2763/DEL/2025[2017-18]Status: DisposedITAT Delhi10 Dec 2025AY 2017-18

Bench: Shrimahavir Singh, Hon’Ble & Shrisanjay Awasthiआ.अ.सं/.I.T.A No.2763/Del/2025 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Aakanksha Gupta, Income Tax Officer, C/O Ca Vaibhav Goel, Vs. Ward 69(1), 78, Navyug Market, 1St Floor, New Delhi. Ghazaibad, Uttar Pradesh. Pan No.Amhpg9430D अपीलाथ" Appellant ""यथ"/Respondent

Section 143(2)Section 144BSection 147Section 148Section 149Section 250Section 54

facts and circumstances of the case, Ld CIT(A) erred in sustaining the action of the Ld AO and upholding the validity of reassessment proceedings despite the fact that Ld JAO had not validly assumed jurisdiction without issuance and service of notice u/s 148 of the Income ... does not amount to valid issuance of notice; 3.1 That, on facts and circumstances of the case, Ld CIT(A) erred in sustaining the reassessment proceedings despite being barred by limitation; That, the first notice to be received by the appellant qua the AY was dated 15.03.2022 when the provisions

Girish Lahori, Gandhidham vs. Income Tax Officer Ward-1 Gandhidham, Gandhidham

In the result this appeal was allowed, the order of the High Court was set aside and the

ITA 283/RJT/2025[2010-11]Status: DisposedITAT Rajkot09 Dec 2025AY 2010-11

Bench: Dr. Arjun Lal Saini, Accountnt Member & Shri Dinesh Mohan Sinha, Judicial Membr

Section 144Section 147Section 148Section 234ASection 271(1)(c)Section 69

approval given by Id PCIT, as set out earlier, were not sufficient and correct approval, for reopening the assessment proceedings. We, therefore, quash the reassessment proceedings. As the reassessment itself is quashed, all other issues on merits/other technical issues of the additions, in the impugned assessment proceedings, are rendered academic

Bindeshwari Lal Mahto, Katihar vs. NFAC, Delhi

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

ITA 349/PAT/2025[2015-16]Status: DisposedITAT Patna09 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 148Section 250Section 44ASection 69A

that the grounds of appeal hereto are without prejudice to each other. 2. For that the leaned assessing officer has erred in initiating reassessment proceedings under section 148 of the Act merely on the ground that an income has escaped assessment within the meaning of Section

Dy. Commissioner of Income Tax, Central Circle-3, Ludhiana vs. Raman Seth, Ludhiana

ITA 966/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh09 Dec 2025AY 2020-21

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. MANOJ KUMAR AGGARWAL (Accountant Member)

For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: Shri Rajat Kumar Kureel, CIT, DR
Section 148Section 69A

Cross Objection filed by the assessee was taken up first as it involved a pure legal issue striking at the very root of the reassessment proceedings. The factual matrix indicated that a notice under section 148 had been issued on 27.03.2023 by the Jurisdictional Assessing Officer, as is evident from ... framed under section 147 r.w.s. 143(3) cannot survive in law. 7. Accordingly, the Cross Objection filed by the assessee is allowed and the reassessment proceedings are quashed. Order pronounced in the open Court on 09/12/2025. मनोज कुमार अ"वाल लिलत कुमार (MANOJ KUMAR AGGARWAL) (LALIET KUMAR) लेखा सद"/ ACCOUNTANT

Bipinkumar Rambhai Patel, Ahmedabad vs. The Pr. CIT-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 992/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad09 Dec 2025AY 2014-15

Bench: Dr. B.R.R. Kumar, Vice- & Shri Siddhartha Nautiyalbipinkumar Rambhai Patel The Principal Vs. B/25, Ranchod Colony, Commissioner Of Maninagar, Income Tax, -1 Ahmedabad-380008 Ahmedabad [Pan: Aqapp5046M] (Appellant) .. (Respondent) Appellant By: Shri Mehul K. Patel, Advocate Respondent By: Shri R.P. Rastogi, Cit-Dr Date Of Hearing 26.11.2025 Date Of Pronouncement 09.12.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-: -

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri R.P. Rastogi, CIT-DR
Section 147Section 148Section 151Section 263

assessee had allegedly received unsecured loans of Rs. 1.37 crores from M/s Dishman Pharmaceutical and Chemical Ltd. during the relevant financial year. During reassessment proceedings, the Assessing Officer sought details regarding such loans vide notice dated 16.02.2022. The assessee, in response dated 01.03.2022, Asst. Year: 2014-15 3 categorically denied

Vikas Maruti Nalawade, Sangli vs. Income Tax Officer, Sangli

In the result, appeal of the assessee is partly allowed

ITA 737/PUN/2025[2017-18]Status: DisposedITAT Pune09 Dec 2025AY 2017-18

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No. 737/Pun/2025 धििेंारण वर्ा /Assessment Year: 2017-18 Vikas Maruti Nalawade, Ito, Ward-1, Sangli Vikas Hitech Nursary, Sangli Islampur Road, Near Sootgirni Vs. Tung, Sangli-416301 Maharashtra Pan-Alppn6432M अपीलेंर्थी / Appellant प्रत्यर्थी / Respondent Assessee By: Shri Pramod S Shingte Department By: Shri Amit Bobde-Cit Date Of Hearing: 09-12-2025 Date Of Pronouncement: 16-12-2025 आदीश /Order Per Dr. Manish Borad:- This Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A) Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 05.03.2025 Which Is Arising Out Of Assessment Order Passed U/S 147 R.W.S. 144B Of The Act Dated 29.03.2022. 2. Assessee Has Raised Following Grounds Of Appeal:- 1. On The Facts & Circumstances Of The Case & In Law, The 2 Assessment Order, Having Being Passed Without Following The Principles Of Natural Justice, As Narrated In The Statement Of Facts, The Same Is Bad In Law & Hence Needs To Be Quashed.

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Amit Bobde-CIT
Section 147Section 148Section 250Section 69A

bank account/purchase of motor vehicle/payment to Contractor and cash withdrawal from current account, issued notice u/s 148 of the Act for carrying out the reassessment proceedings u/s 147 of the Act. The assessee furnished return in compliance to the notice u/s 148 of the Act declaring total taxable income ... also declared exempt Agricultural income at Rs. 1,54,54,912/- In the course of the reassessment proceedings various details called for by the Ld. AO were furnished based on which Ld. AO was satisfied with regard to the submissions made except was not convinced that even when the assessee

Motiwala Auto Pvt. Ltd., Aurangabad vs. ITO, Ward1(1), Auranabad, Aurangabad

In the result, the appeal of the assessee is allowed

ITA 486/PUN/2025[2015-16]Status: DisposedITAT Pune09 Dec 2025AY 2015-16
For Appellant: Shri Shubham N. RathiFor Respondent: Shri Rajesh Haladkar
Section 142(1)Section 144Section 147Section 148Section 251(1)(a)

/NFAC against the above additions made by the Ld. AO and also raised an additional ground challenging the validity of reassessment proceedings on the ground that the notice issued under Section 148 is barred by limitation. After considering the submissions and documentation furnished by the assessee and in the unique ... CHALLENGE TO REASSESSMENT 1.1 The Learned Commissioner of Income Tax (Appeals) ['the Ld. CIT(A)'] has erred in confirming validity of the initiation of reassessment proceedings u/s 148 of the Income-tax Act, 1961 ['the Act']. 1.2 On the facts and in the circumstances of the case

Viki Vijay Balwadkar, Pune, Maharashtra vs. Income Tax Officer Ward 2(2), Pune, Maharashtra

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

ITA 2242/PUN/2025[2015-16]Status: DisposedITAT Pune09 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No. 2242/Pun/2025 धििेंारण वर्ा /Assessment Year: 2015-16 Viki Vijay Balwadkar, Ito, Ward 2(2), Pune The Pearl, Sanjay Farm At Post Balewadi, Opposite Vs. Bharati Vidhypeeth, Haveli, Pune-411045 Maharashtra Pan-Asrpb2959G अपीलेंर्थी / Appellant प्रत्यर्थी / Respondent

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Manoj Tripathi-Addl. CIT
Section 147Section 148Section 151Section 250Section 56(2)

additions of Rs. 64,28,500/-, the assessee has raised legal issues challenging the validity of issues u/s 148 of the Act and the reassessment proceedings and also raised grounds on merits. As per the settled judicial precedence, legal issues needs to adjudicated prior to dealing with merits

Dindayal Magasvargiya Sahakari Soot Girni Ltd, Sangli vs. Assistant Commissioner of Income Tax Circle Sangli, Circle Sangli

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

ITA 205/PUN/2025[2014-15]Status: DisposedITAT Pune09 Dec 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.205/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Dindayal Magasvargiya Vs. Acit, Circle Sangli, Sahakari Soot Girni Ltd., Sangli. At Waghwadi, Post Kameri, Tal. Walwa, Sangli- 415403. Pan : Aaaad0254E Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 22.09.2025 Date Of Pronouncement : 09.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, Ld. Ao Erred In Initiating Reassessment Proceedings U/S 147 For Ay 2014-15, Being The Year Beyond 4 Years & For Which Assessment Order U/S 143(3) Has Already Been Passed, Thereby

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 143(3)Section 147Section 148Section 37Section 438

following grounds of appeal :- “1. On the facts and in the circumstances of the case and in law, Ld. AO erred in initiating reassessment proceedings u/s 147 for AY 2014-15, being the year beyond 4 years and for which assessment order u/s 143(3) has already been passed, thereby ... violating first proviso to section 147, therefore reassessment proceedings are void ab initio and consequential orders needs to be annulled. 2. On the facts and in the circumstances of the case and in law, Ld. AO erred in initiating reassessment proceedings u/s 147 for AY 2014-15, by recording