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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

Mukund Das Heda, Hyderabad vs. ITO, Ward - 8(1), Hyderabad

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

ITA 619/HYD/2025[2016-17]Status: DisposedITAT Hyderabad07 Nov 2025AY 2016-17

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.619/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Mukund Das Heda Vs. Income Tax Officer Hyderabad Ward 8 (1) Pan:Aanph6899M Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Abhinay Reddy Appeared For C.A S. Srinivas राज" व "ारा/Revenue By:: Shri Gurpreet Singh, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 03/11/2025 घोषणा की तारीख/Pronouncement: 07/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Mukund Das Heda (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 04.03.2025 For The A.Y. 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Advocate Abhinay Reddy appeared for C.A S. SrinivasFor Respondent: : Shri Gurpreet Singh, Sr. DR
Section 147Section 250(6)

observed that the assessee had raised several grounds of appeal before the first appellate authority, including certain legal grounds challenging the validity of the reassessment proceedings. We have also gone through the adjudication made by the Ld. CIT (A) which is placed at para no.4.2 of the order

Income-Tax Officer, Ward-4(2)(1), Ahmedabad vs. Late Khodaji Ranchhodji Thakor Legal Heir Narendakumar Khodaji Thakor, Ahmedabad

In the result, the appeal filed by the Revenue is, therefore, dismissed

ITA 948/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.948/Ahd/2025 िनधा"रण वष" /Assessment Year : 2017-18 The Ito Late Khodaji Ranchhodji Ward-4(2)(1) बनाम/ Thakor V/S. Ahmedabad – 380 015 Legal Heir Narendrakumar Khodaji Thakor Ahmedabad – 382 481 "थायी लेखा सं./Pan: Afwpt 1453 K (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 24/02/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 133(6)Section 142(1)Section 144Section 148Section 250

condonation of delay was filed, explaining that the assessee had expired on 21.03.2017 due to liver failure, much before the initiation of the reassessment proceedings. It was submitted that the deceased’s wife was illiterate, and his son lived separately; hence, none of the statutory notices or orders served ... referred to the legal principle that jurisdictional requirements under section 148 are mandatory, and non-compliance renders the entire reassessment proceedings invalid. It was also noted that section 292BB, which cures defects in the service of notice, applies only to a living assessee and cannot validate a notice issued

Jayeshbhai Gordhanbhai Patel, Anand vs. The ITO, Ward-1(3)(1), Petlad

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

ITA 71/AHD/2025[2011-12]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.71/Ahd/2025 िनधा"रण वष" /Assessment Year : 2011-12 Jayeshbhai Gordhanbhai Patel The Ito बनाम/ Kishan Cowk Ward-1(3)(1) V/S. Piplav, Anand – 388 460 Petlad – 388 450 Gujarat "थायी लेखा सं./Pan: Bixpp 2069 Q (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Darshan Belani, Ar Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 15/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 29/09/2022 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Hon’Ble Cit(A) Erred In Law & Facts Of The Case By Upholding The Addition Amounting To Rs.23.30,500/- Made As Unexplained Investments In Case Of The Appellant For Ay 2011-12. 2. The Appellant Reserves The Right To Add/Alter Or Amend Any Of The Ground Of Appeal.” Jayeshbhai Gordhanbhai Patel Vs. Ito Asst. Year : 2011-12

For Appellant: Shri Darshan Belani, ARFor Respondent: Shri C. Dharani Nath, Sr.DR
Section 139Section 250Section 253(5)

Patel vs. ITO Asst. Year : 2011-12 declaring total income of Rs. 1,13,260/- and agricultural income of Rs. 85,000/-. During the reassessment proceedings, the AO issued multiple statutory notices and provided various opportunities to the assessee to furnish supporting documents explaining the source of the cash deposits