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“first proviso to section 147”

ReassessmentSection 147Section 147494 judgments

The decision most relied on for first proviso to section 147 is Hindustan Lever Ltd. v. R.B. Wadkar (268 ITR 332), cited in 695 judgments on BharatTax.

Leading authorities on first proviso to section 147

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.

Chhugamal Rajpal v. S.P. Chaliha
79 ITR 603 · 1971 · Supreme Court
363
citing judgments

A valid reassessment under Section 147 requires concrete 'reasons to believe' that income has escaped assessment, not mere suspicion or a desire to conduct fishing and roving enquiries. If the first proviso to Section 147 applies, there must be a specific finding of the assessee's failure to disclose material facts, not just a mere charge of bogus expenses.

PCIT v. Ojjus Medicare (P) Ltd.
465 ITR 101 · 2024 · High Court
277
citing judgments

For assessments under Section 153C, the commencement point for calculating the six or ten assessment year block period is the date of issuing the Section 153C notice, or the date of the satisfaction note/handing over of books, as clarified by the first proviso to Section 153C(1).

Ganga Saran and Sons P. Ltd. v. ITO
130 ITR 1 · 1981 · Supreme Court
234
citing judgments

A mere charge of bogus expenses, without a specific finding that the assessee failed to disclose material facts, is insufficient to justify reassessment beyond four years under the first proviso to Section 147. Courts can examine the materiality and relevance of facts forming the 'reason to believe' for initiating reassessment, ensuring it is based on reasonable grounds.

New Delhi Television Ltd. v. DCIT
116 Taxmann.com 151 · 2020 · Supreme Court
139
citing judgments

Reassessment initiated under Section 147/148 is invalid if the Assessing Officer relies on material obtained post-recording of reasons, or if it amounts to a mere change of opinion on facts fully and truly disclosed by the assessee during the original assessment. An assessee's obligation extends only to the full and true disclosure of primary facts, not to provide further assistance or inferences.

German Remedies Ltd. v. Dy. CIT
287 ITR 494 · 2006 · High Court
89
citing judgments

Reassessment proceedings initiated beyond four years from the end of the relevant assessment year are not justified when the assessee has made a full and true disclosure of all material facts, supported by statutory and tax audit reports, even if a different view could be taken on the valuation of closing stock. Such reopening constitutes a mere change of opinion.

Atma Ram Properties Private Ltd. v. Deputy CIT
343 ITR 141 · 2012 · High Court
83
citing judgments

An assessment cannot be reopened under Section 147 after four years if the assessee has made a full and true disclosure of all material facts, even if a claim made was later found incorrect, and the reasons recorded do not specify a failure to disclose.

Honda Siel Power Products Ltd. v. Deputy CIT
340 ITR 53 · 2012 · High Court
78
citing judgments

Failure to fully and truly disclose material facts, for the purpose of reassessment beyond four years, extends beyond the income tax return to omissions during assessment proceedings. Mere disclosure of a transaction does not constitute true and full disclosure if underlying material facts are withheld.

Judgments citing first proviso to section 147

Ability Services Private Limited, Sakchi vs. ACIT, Circle-1, Jamshedpur

In the result, the appeal of the assessee is allowed

ITA 20/RAN/2024[2014-15]Status: DisposedITAT Ranchi09 Jul 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.20/Ran/2024 Assessment Year: 2014-15 Ability Services Pvt. Ltd…….....................…...........................……….……Appellant 232 Kumhar Para, New Baradwari Sakchi, Jharkhand-831001. [Pan: Aacce1395H] Vs. Acit, Circle-1, Jamshedpur.....…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 02, 2025 Date Of Pronouncing The Order : July 09, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 18.12.2023 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’). 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Contract & Transportation & Filed Its Return Of Income For The Assessment Year 2014-15 By Declaring Total Income Of Rs.81,52,900/-. The Case Of The Assessee Was Selected For Scrutiny & Assessment Was Framed On A Total Assessed Income Of Rs.84,49,220/-. Subsequnetly, Proceedings U/S 148 Were Initiated Vide Notice Dated 30.03.2021 & Assessment Was Completed On 20.03.2022 Wherein The Assessing Officer Made Addition Of Excess Depreciation Of Rs.36,64,657/- & Payment Of Epf/Esi Beyond The Due Date But Prior To Filing Of Return Of Rs.5,31,940/-

Section 143(3)Section 147Section 148Section 250

fully and truly all material facts necessary for the assessment. Since no such failure has been established, the condition laid down in first proviso to section 147 of the Act is not satisfied and therefore reopening of assessment is not sustainable. 5.2 In this respect, the ld. AR relied

Sunil Kumar Choudhary HUF, Dabagardens vs. ACIT, Ranchi

In the result, the appeal of the assessee is allowed

ITA 470/RAN/2024[2012-2013]Status: DisposedITAT Ranchi02 Jul 2025AY 2012-2013

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.470/Ran/2024 Assessment Year: 2012-13 Sunil Kumar Choudhary Huf...................…...........................……….……Appellant 30-15-138/20 Binoy Aka Complex, Opp. Bsnl Office, Andra Pradesh-530020. [Pan: Aabhs6048Q] Vs. Acit……………………..........…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar & R. R. Mittal, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 26, 2025 Date Of Pronouncing The Order : July 2Nd , 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 07.10.2024 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’). 2. Brief Facts Of The Case Are That The Assessee Is Huf & Engaged In The Business Of Wholesaler, Transporter, Lease Rent. The Assessee Filed Return Of Income For The Assessment Year 2012-13 By Declaring Total Income Of Rs.16,72,850/-. The Case Of The Assessee Was Selected Under Cass Followed Notices Issued U/S 143(2) & 142(1) Of The Act & Assessment Was Completed U/S 143(3) On 25.03.2015 With Assessed Income Of Rs.16,89,850/-. Subsequently, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 Of The Act. The Assessee Sought Reasons Recorded For Reopening, However The Assessing Officer Rejected Such Request Stating That The Assessee Failed To File Return In

Section 143(2)Section 143(3)Section 144Section 147Section 148Section 250

fully and truly all material facts necessary for the assessment. Since no such failure has been established, the condition laid down in first proviso to section 147 of the Act is not satisfied and therefore reopening of assessment is not sustainable. 5.2 In this respect, the ld. AR relied

A. Jayapalan, Chennai vs. DCIT, Corporate Circle-3(2), Chennai

ITA 491/CHNY/2025[2013-14]Status: DisposedITAT Chennai11 Jun 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.491/Chny/2025 निर्धारण वर्ष/Assessment Year: 2013-14 & Stay Application No.21/Chny/2025 निर्धारण वर्ष/Assessment Year: 2013-14 Shri Annamalai Jayapalan, 3/400, 10Th Street, Venkateshwara Nagar, Kottivakkam, Chennai-600 041. [Pan: Aadpj 3842 Q] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Appellant By V. The Dcit, Corporate Circle-3(2), Chennai. (प्रत्यर्थी/Respondent) : Mr.K. Meenatchi Sundaram, Ca प्रत्यर्थी की ओर से / Respondent By : Mr.Keerthi Narayanan, Jcit सुनवाईकीतारीख/Date Of Hearing : 24.04.2025 घोषणाकीतारीख /Date Of Pronouncement : 11.06.2025 आदेश / Order Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/Nfac, (Hereinafter Referred To As "The Ld.Cit(A)"), Delhi, Dated 29.01.2025 For The

For Respondent: Mr.Keerthi Narayanan, JCIT
Section 139(1)Section 143(3)Section 147Section 148

assessment i.e. the assessee failed to disclose fully and truly all the material facts necessary for assessment year as provided for under first proviso to section 147 of the Act, which condition precedent, in the instant case, according to the Ld.AR, the AO has not satisfied. Therefore, according

DCIT, Circle - 19(1), Delhi vs. Atul Goel, Delhi

In the result, appeal of the Revenue is dismissed being devoid of any merit

ITA 4145/DEL/2024[2012-13]Status: DisposedITAT Delhi30 May 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.4145/िद"ी/2024(िन.व. 2012-13) Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ..... "ितवादी/Respondent Pan: Aadpg-2222-P Co No. 111/Del/2024 (A.Y.2012-13) In Ita No. 4145/Del/2024 Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aadpg-2222-P बनाम Vs. Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ..... "ितवादी/Respondent New Delhi 110002 Assessee By : Shri Ved Jain, Advocate & Ms. Uma Upadhyay, Chartered Accountant Department By : Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/03/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/05/2025

For Appellant: Shri Ved Jain, Advocate & Ms. Uma Upadhyay, CharteredFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 147Section 148

reopening assessment. It is relevant to mention here that after expiry of four years from the end of relevant assessment year the first proviso to section 147 of the Act comes into play. According to first proviso to section 147 of the Act, assessment cannot be reopened unless

Aashiyana Infrastructure Development Private Limited, Faridabad vs. ITO, Ward 1(2), New Delhi

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

ITA 3033/DEL/2024[2012-13]Status: DisposedITAT Delhi28 May 2025AY 2012-13

Bench: Shris.Rifaur Rahmanaashiyana Infrastructure Development Vs. Ito, Ward 1 (2), Private Limited, Delhi. Plot No.830, Near Asian Hospital, Sector 21A, Faridabad – 121 001 (Haryana). (Pan : Aafca2236A) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Sumit Lal Chandani, Advocate Shri Shivam Yadav, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 28.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.04.2024 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2012-13 On 28.09.2012 Declaring Income Of Rs.31,22,410/- Which Was Revised On 21.09.2013 At An Income Of Rs.22,16,310/-. The Case Was Selected For Scrutiny & The Assessment U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 68Section 69C

view of the facts and circumstances and in law, the re- assessment proceedings are barred by time limitation in view of the first proviso to section 147 of the Act. Hence, the assessment order dated 16.12.2019 passed under section 147 of the Act is illegal, bad law without jurisdiction