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“fresh tangible material”

ReassessmentSection 147Section 147398 judgments

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

Leading authorities on fresh 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.

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.

CIT v. SFIL Stock Broking Ltd.
325 ITR 285 · 2010 · High Court
243
citing judgments

Reassessment proceedings under Section 147 are invalid and void ab initio if initiated based on 'borrowed satisfaction' without the Assessing Officer's independent application of mind, or merely on documents already available on record without fresh tangible material.

CIT v. Usha International Ltd.
348 ITR 485 · 2012 · High Court
231
citing judgments

A reassessment is invalid due to 'mere change of opinion' if an issue was raised during original assessment but no addition was made, implying the issue was examined. However, if a subject matter was not examined and no opinion was formed, the principle of 'change of opinion' does not apply.

ITO v. TechSpan India (P) Ltd.
92 Taxmann.com 361 · 2018 · Supreme Court
194
citing judgments

Reassessment under Section 147/148 is invalid if it constitutes a mere change of opinion by the Assessing Officer without any fresh tangible material, especially after the assessee made a full and truthful disclosure during the original scrutiny assessment under Section 143(3).

Prashant S. Joshi v. ITO
324 ITR 154 · 2010 · High Court
179
citing judgments

Reasons recorded under Section 148 for reopening an assessment are jurisdictional facts that form the sole basis for assuming power and cannot be changed, supplemented, or corrected later. Such reasons must be based on fresh tangible material indicating income escapement.

Asian Paints Ltd. v. DCIT
308 ITR 195 · 2009 · High Court
175
citing judgments

An Assessing Officer cannot issue a notice under Section 148 to reopen an assessment when all material facts were already before the AO during the original assessment, even if the AO failed to apply their mind at that time. Such an action constitutes an impermissible review of a concluded assessment rather than a reassessment based on fresh tangible material.

Judgments citing fresh tangible material

Reena Engineers and Contractors Private Ltd, Panaji vs. ACIT, Central Circle-1, Calicut

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

ITA 271/COCH/2021[2014-2015]Status: DisposedITAT Cochin31 Jul 2025AY 2014-2015

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

order to invoke provisions of section 147, there should be income which has escaped assessment, and such escapement should be based on fresh tangible material which comes to the possession of the Assessing Officer subsequent to the completion of the original assessment and further, the formation of belief of escapement ... income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of section 153A deal with assessment in case of search or requisition, and as per the said provisions, notwithstanding anything contained in certain provisions of the Act, in case of a person where

Reena Engineers and Contractors Private Ltd, Panaji vs. ACIT, Central Circle-1, Calicut

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

ITA 270/COCH/2021[2016-2017]Status: DisposedITAT Cochin31 Jul 2025AY 2016-2017

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

order to invoke provisions of section 147, there should be income which has escaped assessment, and such escapement should be based on fresh tangible material which comes to the possession of the Assessing Officer subsequent to the completion of the original assessment and further, the formation of belief of escapement ... income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of section 153A deal with assessment in case of search or requisition, and as per the said provisions, notwithstanding anything contained in certain provisions of the Act, in case of a person where

Reena Engineers and Contractors Private Ltd, Panaji vs. ACIT, Central Circle-1, Calicut

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

ITA 269/COCH/2021[2015-2016]Status: DisposedITAT Cochin31 Jul 2025AY 2015-2016

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

order to invoke provisions of section 147, there should be income which has escaped assessment, and such escapement should be based on fresh tangible material which comes to the possession of the Assessing Officer subsequent to the completion of the original assessment and further, the formation of belief of escapement ... income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of section 153A deal with assessment in case of search or requisition, and as per the said provisions, notwithstanding anything contained in certain provisions of the Act, in case of a person where

Reena Engineers and Contractors Private Ltd, Panaji vs. ACIT, Central Circle-1, Calicut

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

ITA 268/COCH/2021[2013-2014]Status: DisposedITAT Cochin31 Jul 2025AY 2013-2014

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

order to invoke provisions of section 147, there should be income which has escaped assessment, and such escapement should be based on fresh tangible material which comes to the possession of the Assessing Officer subsequent to the completion of the original assessment and further, the formation of belief of escapement ... income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of section 153A deal with assessment in case of search or requisition, and as per the said provisions, notwithstanding anything contained in certain provisions of the Act, in case of a person where

Reena Engineers and Contractors Private Ltd, Panaji vs. ACIT, Central Circle-1, Calicut

In the result, the appeals filed by the assessee stand partly

ITA 267/COCH/2021[2012-2013]Status: DisposedITAT Cochin31 Jul 2025AY 2012-2013

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

order to invoke provisions of section 147, there should be income which has escaped assessment, and such escapement should be based on fresh tangible material which comes to the possession of the Assessing Officer subsequent to the completion of the original assessment and further, the formation of belief of escapement ... income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of section 153A deal with assessment in case of search or requisition, and as per the said provisions, notwithstanding anything contained in certain provisions of the Act, in case of a person where

Avitel Post Studioz Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 6(1)(2), Mumbai

ITA 5242/MUM/2024[2012-13]Status: DisposedITAT Mumbai24 Jul 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 148Section 37(1)

originally assessed. 3 Avital Post Studioz Limited 5. Upon seeking reasons recorded for reopening, the assessee filed detailed objections, contending that no fresh tangible material existed and all facts were previously disclosed. However, the objections were disposed of vide a speaking order dated 27/05/2019, and reassessment proceedings were initiated

Vinita Bajoria, Jaipur vs. Income-Tax Officer, Jaipur

In the result, the appeal of the assessee is allowed

ITA 370/JPR/2025[201617]Status: DisposedITAT Jaipur21 Jul 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 370/JP/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Vinita Bajoria 1, Ganesh Colony Moti Doongri Road, Jaipur बनाम Income Tax Officer, Ward 5(2), Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AEBPB4873M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Manoj Choudhary, CA राजस्व की ओर से / Revenue by : Sh. Gorav Avasthi, JCIT सुनवाई की तारीख / Date of Hear

For Appellant: Sh. Manoj Choudhary, CAFor Respondent: Sh. Gorav Avasthi, JCIT
Section 147Section 148Section 148A

intimation was issued u/s 143(1) of the Act so the issue of "change of opinion" does not arise. No requirement of fresh tangible material for reasons to believe: The Hon'ble High Court of Delhi (copy enclosed herewith) in the case of Indu Lata Rangawala Vs. Deputy Commissioner ... expiry of the relevant assessment year, the AO has to base his 'reasons to believe' that income has escaped assessment on some fresh tangible material that provides the nexus or link to the formation of such belief. In a case where the initial return is processed under Section

Deputy Commissioner of Income Tax, Circle-1(3)(1), Mumbai vs. Tmf Holdings Limited, Mumbai

In the result, the appeal of the revenue bearing ITA No

ITA 2983/MUM/2025[2017-18]Status: DisposedITAT Mumbai18 Jul 2025AY 2017-18

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhrideputy Commissioner Of Vs Tmf Holdings Limited 14, 4Th Floor, Sir H C Dinshaw Income Tax, Circle 1(3)(1), Mumbai Building, 16, Horniman Circle, Fort, Room No.535, 5Th Floor, Aaykar Mumbai-400 001 Bhavan, M.K. Road, Mumbai- Pan: Aacct4644A 400 020 Appellant Respondent

For Appellant: Shri Rajan Vora a/w Shri Nikhil TiwariFor Respondent: Shri Ritesh Mishra, CIT DR
Section 115JSection 143(3)Section 144BSection 147Section 148Section 250Section 37(1)

that it is a well settled judicial principal that the true test of income chargeable to tax escaping assessment is whether there exists fresh tangible material on whose basis an appropriate 21 ITA 2983/Mum /2025 CO 132/Mum/2025 TMF Limited conclusion can be reached and in the absence of such fresh ... Rs.400 crores which was accordingly allowed in the scrutiny assessment u/s. 143(3) The reasons recorded also do not refer to any fresh tangible material on basis of which the reassessment proceedings was initiated. The AO while disposing the objections vide letter dated 18-02-2022, has stated in para

Income Tax Officer, Ward-1, Jalna vs. Ashish Omprakash Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 148/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward 1, Jalna vs. Ashish Omprakash Mantri, Jalna

ITA 147/PUN/2024[2011]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: "3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward -1, Jalna vs. Pramila Omprakash Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 146/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward-1, Jalna vs. Pramila Omprakash Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 145/PUN/2024[2011]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward-1, Jalna vs. Atul Omprakash Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 143/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward-1, Jalna vs. Atul Omprakash Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 142/PUN/2024[2011]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward-1, Jalna vs. Omprakash Asaram Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 141/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Income Tax Officer, Ward-1, Jalna vs. Omprakash Asaram Mantri, Jalna

In the result, all the appeals filed by the Revenue are dismissed

ITA 140/PUN/2024[2011]Status: DisposedITAT Pune17 Jul 2025

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

therefore, notice for reopening of assessment u/s 148 of the Act for same transaction could not have been issued in absence of any fresh tangible material beyond a period of 4 years. 9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings ... while making scrutiny assessment u/s 143(3), notice for reopening u/s 148 for same transaction could not be issued as there was no fresh tangible material. Operative Para of the said judgement is reproduced below: “3. The Petitioner had filed her return of income for AY 2014-15 on 28th

Shri Pachamuthu Ravi, Chennai vs. DCIT, Circle-1(3), Chennai

ITA 2346/CHNY/2024[2014-15]Status: DisposedITAT Chennai15 Jul 2025AY 2014-15
Section 143(2)Section 143(3)Section 147Section 148Section 148(1)Section 2(22)(e)

Assessing officer erred in law in re-opening the assessment which was subjected to scrutiny and completed under section 143(3) without any fresh tangible material evidence. The learned CIT (A) ought to have seen that it is a settled proposition of 1law that the assessments cannot be re-opened ... recorded (supra) that AO only on the basis of records found in the assessment folder has reopened the assessment meaning there was no fresh tangible material in the hands of the AO to justify reopening the assessment; and also failed to satisfy the proviso to section

ITO, Ward-18(), New Delhi vs. Nivia Agencies Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1009/DEL/2021[2002-03]Status: DisposedITAT Delhi09 Jul 2025AY 2002-03

Bench: MS. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 139(1)Section 142Section 143(1)Section 144Section 148Section 250(6)Section 68

quashing the initiation of re-assessment proceedings on. both counts i.e., initiation of re-assessment proceedings is without fresh tangible material and that sanction under section 151 is invalid. Therefore, once the Order of the Ld. CIT(A) on this question is not challenged by the Revenue Department, it became ... supplemented. h) In the present case the reasons recorded by the AO (As outlined in para 7.4 (a)) do not refer to any fresh tangible material based on which he could have formed an opinion that income has escaped assessment. Nothing in this regard has been mentioned in the reasons

Jhaveri Trading and Investment Private Limited, Ahmedabad vs. The Dy.CIT, Cent. Circle-1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 9/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad04 Jul 2025AY 2012-13

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleassessment Year 2012-13

For Appellant: Shri Deepak Shah, A.RFor Respondent: Shri Kavan Limbasiya, Sr. D.R
Section 143(3)Section 147Section 148Section 153C

other assesses of the group way back in the year 2015, the reopening of assessment is invalid and bad in law since no fresh tangible material has been brought or is available on record for reopening the completed assessment. 2. The ld. CIT(A) has further erred in not appreciating ... other assessees of group way back in the year 2015. The reopening of assessment is invalid and bad in law since no fresh tangible material has been brought on record for reopening the completed assessment. The A.R. further submitted that at the time of both initiation as well as I.T.A

Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad vs. B.Ramalinga Raju, Hyderabad

In the result, appeal filed by the Assessee and the appeal filed by the Revenue are allowed for statistical purposes

ITA 56/HYD/2020[2003-04]Status: DisposedITAT Hyderabad03 Jul 2025AY 2003-04

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA K C DevdasFor Respondent: Sri B Bala Krishna, CIT-DR
Section 143(3)Section 147

been issued on 26.03.2020 after a period of 4 years from the end of the relevant assessment year. There is no fresh tangible material available for reopening of the 13 ITA.No.1865/Hyd./2019 & ITA.No.56/Hyd./2020 assessment which is having a bearing on the escapement of income of the assessee ... corresponding cash and bank balances. The said information is nothing to do with individual assessment of the assessee. Therefore, in absence of any fresh tangible material which suggest escapement of income, the formation of belief of escapement of income arrived at by the Assessing Officer for reopening of the assessment