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“tangible material”

ReassessmentSection 147Section 1472,812 judgments

The decision most relied on for tangible material is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on tangible material

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.

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.

CIT v. Kelvinator of India Ltd.
256 ITR 1 · 2002 · High Court
439
citing judgments

An Assessing Officer cannot reopen an assessment under Section 147 based on a mere change of opinion regarding the same material available during the original assessment. Reopening requires fresh, tangible material or information that leads to a reason to believe income has escaped assessment.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.
384 ITR 147 · 2016 · High Court
274
citing judgments

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

CIT v. Foramer France
264 ITR 566 · 2003 · Supreme Court
253
citing judgments

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

Haryana Acrylic Manufacturing Company v. CIT
308 ITR 38 · 2009 · High Court
248
citing judgments

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

Judgments citing tangible material

ACIT - 14(1)(2), Mumbai vs. D Thakkar Developers Pvt. Ltd., Mumbai

In the result, both the appeals are partly allowed for statistical purposes

ITA 3477/MUM/2023[2014-15]Status: DisposedITAT Mumbai20 Dec 2024AY 2014-15

Bench: Smt. Beena Pillai & Smt. Renu Jauhrid Thakkar Developers Pvt. V/S. Dcit 14(1)(2), Mumbai Ltd. बनाम Aayakar Bhavan, D1 & D2, 4Th Floor, Court Churchgate, Mumbai Chambers, Vitthaldas Maharashtra-400020 Thackersey Marg, 35 New Marine Lines, Marine Lines, Maharashtra-400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी Acit 14(1)(2), Mumbai V/S. D Thakkar Developers Pvt. Room No. 455, 4Th Floor, बनाम Ltd. Aayakar Bhavan, M K. 1105/1106, Universal Road, Mumbai Magestic, Behind Rbk Maharashtra-400020 International School, P. L. Lokhande, Marg, Chembur West, Mumbai-400043 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Kirith ShethFor Respondent: Shri R. R. Makwana
Section 143Section 143(3)Section 148Section 250Section 263Section 35Section 35(1)Section 35(1)(ii)Section 35(1)(vii)

ground that approval granted to the donee institution was subsequently withdrawn. Thus, withdrawal of approval can not be considered as a fresh tangible material for formation of opinion, as regards the escapement of income, before the issue of notice u/s. 148. Even otherwise, withdrawal notification was issued prior ... completion of original assessment vide order u/s. 143 (3) dated 28th December 2016 and hence can not be considered as a fresh tangible material. Further, the information received from Directorate of Investigation (Kolkata) can also not be considered as a fresh material since the unearthing of negative information about