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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

V.K.Nanavaty Share and Stock Brokers Private Limited, Mumbai vs. Income Tax Officer Ward-4(2)(4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2614/MUM/2023[2012-13]Status: DisposedITAT Mumbai12 Apr 2024AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.2614/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2012-13) V. K. Nanavaty Share & बिधम/ Ito, Ward-4(2)(4) R. No. 647, 6Th Floor, Stock Brokers Pvt. Ltd Vs. R-709, Rotunda Building, Aaykar Bhavan, Bombay Stock Exchange, Maharishi Karve Road, M. S. Marg, Fort, Mumbai- Churchgate, Mumbai- 400023. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacv9670N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ravikant Pathak Revenue By: Dr. Yogendra T. Wakare सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 12/04/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi, Dated 30.05.2023 For Ay. 2012-13. 2. The Assessee Has Challenged The Validity Of The Reopening By Ao (Jurisdiction) U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). So The Legal Issue Is Taken Up First.

For Appellant: Shri Ravikant PathakFor Respondent: Dr. Yogendra T. Wakare
Section 143(3)Section 147Section 148Section 68

where the original assessment has been completed u/s 143(3) of the Act, an additional requirement of law as provided as per first Proviso to section 147 of the Act need to be fulfilled i.e. the reasons recorded has to show that escapement of income was due to failure

ACIT, Cent Circle-1, Trichy vs. M/S Mangal & Mangal, Trichy

In the result, appeal filed by the revenue is dismissed

ITA 511/CHNY/2022[2012-13]Status: DisposedITAT Chennai09 Apr 2024AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 511/Chny/2022 िनधा"रण वष" / Assessment Year: 2012-13 The Assistant Commissioner Of M/S. Mangal & Mangal, Income Tax, V. 25, N.S.B. Road, Teppakulam, Central Circle -2, Trichy – 620 002. No. 44, Williams Road, [Pan: Aaifm-3378-B] Cantonment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate : Shri. Nlay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 06.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.04.2024 आदेश /O R D E R

For Appellant: Shri. S. Sridhar, Advocate
Section 143(3)Section 147Section 148

erred in quashing reopening of assessment u/s. 147 of the Act, without appreciating fact that reopening was made as per the first proviso to section 147 of the Act, since, there was a failure on the part of the assessee to disclose fully and truly all material facts necessary ... assessment has been reopened after four years from the end of the relevant assessment year, then as per first proviso to section 147 of the Act, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless

Swarnandhra Jute Mills Pvt Ltd, Srikakulam vs. Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam

In the result, appeal filed by the assessee is allowed for statistical purposes as indicated hereinabove

ITA 279/VIZ/2023[2012-13]Status: DisposedITAT Visakhapatnam14 Mar 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.279/Viz/2023 (निर्धारण वर्ा / Assessment Year : 2012-13) Swarnandhra Jute Mills Pvt Ltd, Vs. Asst. Commissioner Of Survey No.40, Varisam Village, Income Tax, Ranastalam Mandal, Circle-4(1), Pydhibheemavaram, Visakhapatnam. Srikakulam-532409, Andhra Pradesh. Pan: Aaics 7788 J (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri C. Subrahmanyam, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 13/03/2023 घोर्णध की तधरीख/Date Of : 14/03/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 143(3)Section 147Section 148Section 40A(3)Section 68

completed U/s. 143(3) of the Act when such is the case, the assessee company’s case is covered under the first proviso to section 147 of the Act. Therefore, no action can be taken under this section after the expiry of four years from the end of the relevant

Tanuj Properties Private Limited., Kolkata vs. I.T.O, Ward-9(1), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1045/KOL/2023[2012-13]Status: DisposedITAT Kolkata19 Feb 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1045/Kol/2023 Assessment Year : 2012-13 Tanuj Properties Pvt. Ltd. (Successor To Darshan Tradelink Pvt. Ltd……………….…………....Appellant 6Th Floor, Unit-6A, 238A, A.J.C. Bose Road, L.R. Sarani S.O., Kolkata - 700020 [Pan: Aacct4910B] Vs. Ito, Ward-9(1), Kolkata…………….................................…..…..... Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri Bonnine Debarma, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2024 Date Of Pronouncing The Order : February 19, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. A) For That On The Facts & In The Circumstances Of The Case, The Order U/S 147/143(3) Was Passed By The A.O Who Did Not Hold Valid Jurisdiction & Therefore The Impugned Order Being Ab Initio Void Deserves To Be Quashed. B) For That On The Facts & In The Circumstances Of The Case, The Notice U/S 148 Of The Act Was Issued In The Name Of Non-Existent Entity & In

Section 147Section 148Section 250

assessment was reopened after four years from the end of the relevant year which is hit by First Proviso to section 147 of the Act and that there was no allegation in the notice that any income chargeable to tax has escaped assessment because of the failure on the part ... Bombay High Court, therefore, held that the reopening of the assessment was hit by First Proviso to section 147 of the Act. The Hon’ble Bombay High Court also held that since the Assessing Officer has not applied his mind to the information received in the context of the facts

The DCIT, Central Circle-1(1), Ahmedabad vs. M/S. Venus Infrastructure & Developers Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is hereby dismissed

ITA 38/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2017-18

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

For Appellant: ShriFor Respondent: Shri Akhilendra Pratap Yadaw
Section 80Section 80I

overriding effect over the proviso to section 147 of the Act. Thus, the limitation of 4 years and the conditions prescribed under first proviso to section 147 of the Act have to be complied with, otherwise no action under section 147(1) of the Act can be taken. In holding

The DCIT, Central Circle-1(1), Ahmedabad vs. M/S. Venus Infrastructure & Developers Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is hereby dismissed

ITA 37/AHD/2021[2008-09]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2008-09

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

For Appellant: ShriFor Respondent: Shri Akhilendra Pratap Yadaw
Section 80Section 80I

overriding effect over the proviso to section 147 of the Act. Thus, the limitation of 4 years and the conditions prescribed under first proviso to section 147 of the Act have to be complied with, otherwise no action under section 147(1) of the Act can be taken. In holding

G.J. Holding Pvt. Ltd., Ludhiana vs. ACIT, C-2, Ludhiana

In the result, the appeal of the assessee stands allowed

ITA 1171/CHANDI/2019[2011-12]Status: DisposedITAT Chandigarh30 Jan 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavआयकर अपील सं./ Ita No.1171/Chandi/2019 िनधा"रण वष" / Assessment Year : 2011-12 G.J. Holding Pvt. Ltd. बनाम Acit, Central Circle-Ii, Ludhiana C/O G.S. Auto International Limited, G.S. Estate, G.T. Road, Ludhiana. "थायी लेखा सं./Pan No: Aaacg6664K अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee By : Shri P.K. Goel & Sunil Arora, C.As राज"व क" ओर से/ Revenue By : Smt. Amanpreet Kaur, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 18.12.2023 उदघोषणा क" तारीख/Date Of Pronouncement : 30.01.2024 आदेश/Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.07.2019 Of The Commissioner Of Income Tax (Appeals)-5, Ludhiana[Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following 2. Grounds Of Appeal:

For Appellant: Shri P.K. Goel & Sunil Arora, C.AsFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 132Section 133ASection 139Section 143(1)Section 147Section 148Section 250

spell out all the reasons and grounds available with the AO for re-opening the assessment - especially in those cases where the first proviso to Section 147 is attracted. The reasons to believe ought to also paraphrase any investigation report which may form the basis of the reasons