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“beyond four years”

ReassessmentSection 147Section 147536 judgments

The decision most relied on for beyond four years is ITO v. Lakhmani Mewal Das (103 ITR 437), cited in 721 judgments on BharatTax.

Leading authorities on beyond four years

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.

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.

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.

CIT v. PVS Beedies Pvt. Ltd.
237 ITR 13 · 1999 · Supreme Court
120
citing judgments

An audit objection that points out a factual error or omission overlooked by the Assessing Officer during the original assessment constitutes tangible material or information justifying the reopening of assessment under Section 147. This principle applies even for reopening beyond four years and is not considered a mere change of opinion.

5. PCIT v. Paramount Communication (P.) Ltd. Delhi High Court
392 ITR 444 · 2017 · High Court
111
citing judgments

For valid initiation of reassessment proceedings, the Assessing Officer must possess tangible material and apply independent mind to form a 'reason to believe' that income has escaped assessment. Reassessment cannot be based on mere borrowed satisfaction or unverified information without proper scrutiny.

Idea Cellular Ltd. v. Dy. CIT
301 ITR 407 · 2008 · High Court
107
citing judgments

The Assessing Officer is considered to have applied their mind and formed an opinion on an issue if the assessee fully disclosed all material facts and responded to queries during the original assessment, even without explicit discussion in the assessment order. Reopening an assessment beyond four years on such an issue without new tangible material constitutes a mere change of opinion and is impermissible under Section 147.

PCIT v. NC Cables Ltd.
391 ITR 11 · 2017 · High Court
104
citing judgments

Approval for reassessment under Section 151 requires the approving authority to apply its mind and form an opinion, not merely endorse it mechanically. Additions under Section 68 cannot be made based on suspicion alone and require conclusive evidence.

Judgments citing beyond four years

Deputy Commissioner of Income Tax, Nungambakkam Chennai vs. Cholamandalam Ms General Insurance Company Limited, Chennai

ITA 1437/CHNY/2024[2009-10]Status: DisposedITAT Chennai06 Nov 2024AY 2009-10

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. R. Raghunatha, Hon'Bleआयकरअपीलसं./Ita No.: 1437/Chny/2024 & Co No.: 46/Chny/2024 निर्धारणवर्ष / Assessment Year: 2009-10 The Deputy Commissioner M/S. Cholamandalam Ms Of Income Tax, V. General Insurance Company Non-Corporate Circle -8, Limited, Room No. 507, 5Th Floor, No.2, Dare House, Chenai Annexe Building, G.P.O., Parrys, No. 121, M.G. Road, Chennai - 600 001. Chennai - 600 034. [Pan:Aabcc-6633-K] (अपीलार्थी/Appellant) (Respondent/Cross Objector) Assessee By : Ms. Kamakshi, Advocate For Mr. Sandeepbagmar, Advocate Department By : Mr.Nilaybaransom, Cit सुनवाई की तारीख/Date Of Hearing : 09.08.2024 घोषणा की तारीख/Date Of Pronouncement : 06.11.2024 आदेश / Order Per S. R. Raghunatha: This Appeal Filed By The Revenue & Cross Objection Filed By The Assessee Aredirected Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 07.03.2024 & Pertains To Assessment Year 2009-10. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. The Order Of The Learned Commissioner Of Income Tax (A) In

For Appellant: Ms. Kamakshi, Advocate forFor Respondent: Mr.NilayBaranSom, CIT
Section 143(2)Section 143(3)Section 148Section 40

failure by assessee to fully and truly disclose all material facts in his reasons. 8.2 The Ld.AR submitted that reopening of assessment beyond four years can be done only when there is a failure to disclose fully and truly all material facts by the Assessee. Therefore, the reasons for reopening

Asstt. Commissioner of Income-Tax Circle-5, Pune vs. Renu Electronics Private Limited, Pune

In the result, appeal of the Revenue is dismissed

ITA 353/PUN/2024[2011-12]Status: DisposedITAT Pune25 Oct 2024AY 2011-12

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.353/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 The Assistant V Renu Electronics Private Commissioner Of S Limited, S.No.2/6, Near Baner Income Tax, Circle-5, Telephone Exchange, Baner, Pune. Pune – 411045. Pan: Aaacr8741G Appellant / Revenue Respondent / Assessee Cross Objection No.18/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 The Assistant V Renu Electronics Private Commissioner Of S Limited, S.No.2/6, Near Baner Income Tax, Circle-5, Telephone Exchange, Baner, Pune. Pune – 411045. Pan: Aaacr8741G Appellant / Revenue Respondent / Assessee Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 03/10/2024 Date Of Pronouncement 28/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Are Two Appeals Ita No.353/Pun/2024 Filed By The Revenue & Cross Objection C.O. No.18/Pun/2024 Filed By The

Section 10ASection 142(3)Section 143(3)Section 147Section 250Section 32(1)(iia)

null and void. 2) The assessee submits that in this case, the original asst, was completed u/s 143(3) and the reopening is beyond four years from the end of the relevant asst, year and since there was no failure on the part of the assessee to disclose fully

Nvidia Graphics Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle 2(4), Bangalore

In the result, appeal filed by the assessee s party allowed

ITA 1111/BANG/2024[2014-15]Status: DisposedITAT Bangalore23 Oct 2024AY 2014-15

Bench: Shri George George K & Ms. Padmavathi. Sr Assessment Year : 2014-15 M/S. Nvidia Graphics Pvt. Ltd., Vs. Acit, Mahadevpura Village, Central Circle – 2(4), K. R. Puram Hobli, Marathalli Bangalore. Bagmane Goldstone Building, North Tower, Mahadevpura S.O, Bangalore – 560 048. Pan : Aabcn 9200 H Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 17.10.2024 Date Of Pronouncement : 23.10.2024

For Appellant: Shri. Nageshwar Rao, AdvocateFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 234BSection 234CSection 250Section 271(1)(c)Section 28

true disclosure by the assessee in the return of income. Further, it was contended that since the reassessment notice has been issued beyond four years from the end of the relevant Assessment Year, the reasons recorded furnished to the assessee does not contain the terminology that income has escaped assessment ... reopening of assessment is valid or not. Admittedly, in this case, the notice under section 148 of the Act has been issued beyond four years from the end of the Assessment Year. The assessee, before the CIT(A), had objected to the reassessment proceedings by contending that first proviso

Manipal Financial Services, Chennai vs. ITO, Business Ward Xv(4), Chennai

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

ITA 947/CHNY/2024[2005-06]Status: DisposedITAT Chennai12 Sept 2024AY 2005-06

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.:947/Chny/2024 िनधा"रण वष"/Assessment Year:2005-06 Manipal Financial Services, The Income Tax Officer, 328, Plaza Centre, Business Ward Xv(4), Vs. 129 Gn Chetty Road, Chennai. Chennai – 600 006. Pan: Aakfm 7449R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms. R.Anita, Jcit सुनवाई क" तारीख/Date Of Hearing : 10.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.09.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2023-24/ 1061661390(1) Dated 28.02.2024. The Assessment Was Framed By The Income Tax Officer, Business Ward Xv(4), Chennai For The Assessment Year 2005-06 U/S.147 R.W.S. 143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 25.03.2013. 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A)-Nfac Confirming The Action Of The Ao In Assuming Jurisdiction U/S.147 Of The Act & Consequently Confirmed The Reassessment Order.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Ms. R.Anita, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 47

original assessment was completed u/s.143(3) of the Act and this notice u/s.148 of the Act dated 22.03.2012 is beyond four years and hence, the assessee’s case falls under proviso to section 147 of the Act. The ld.counsel stated that during original assessment proceedings, the assessee has filed return ... could not controvert. 6. We have heard rival contentions and gone through facts and circumstances of the case. Admittedly, the reopening is beyond four years and assessee’s case falls under the proviso to section 147 of the Act. Even the original assessment was completed u/s.143