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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

ACIT-CC-7(3), Mumbai vs. Infratech Builders and Agro Private Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2362/MUM/2025[2009-10]Status: DisposedITAT Mumbai22 Dec 2025AY 2009-10

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2009-10 Asst. Commissioner Of Income Vs Infratech Builders & Agro Pvt. Tax Central Circle 7(2), Ltd. Mumbai 216 Shah & Nahar Industrial E, Room No.655, 6Th Floor Dr. E Moses Road Worli Aayakar Bhavan M.K. Road Mumbai 400018, Maharashtra Mumbai, Mumbai India, Mumbai Pan: Aabci7392B Appellant Respondent Present For: Appellant By : Shri Niraj Sheth, Advocate Respondent By : Shri Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 29.09.2025 Date Of Pronouncement : 22.12.2025 O R D E R Per Girish Agrawalthis Appeal Filed By The Revenue Is Arising Out Of The Order Cit(A),- 49, Itba/Apl/S/250/2024-25/1072911991(1) Mumbai Vide Order Dated 04.02.2025 Against The Assessment Order Passed U/S 143(3)/147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 13.12.2016 For A.Y. 2009-10. 2. Grounds Taken By The Revenue Are As Under: 1."On Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Holding That The Reopening Of The Assessment Under Section 147 Of The Income Infratech Builders & Agro Pvt. Ltd. A.Y.2009-10 Tax Act, 1961 Is Bad In Law Without Considering The Fact That The Assess Had Failed To Provide 1 The Details Of Payments Made To M/S. Bovis India Pvt. Ltd. & M/S. Bovis Lend Lease India Pvt. Ltd. & No Service Tax Was Charged On The Payments Made To These Companies, Unlike Other Similar Payments.”

For Appellant: Shri Niraj Sheth, AdvocateFor Respondent: Shri Virabhadra S. Mahajan, Sr. DR
Section 143(3)Section 147Section 80

case and in law, the Ld. CIT(A) failed to consider the fact that the proviso to Section 147, which restricts reopening beyond four years, does not apply when the assessee has failed to disclose fully and truly all material facts necessary for the assessment.” 3. "On facts and circumstances ... High Court in Girilal & Company, ITO (2008) 300 ITR 432 (Bombay) wherein the Hon'ble High Court upheld the reopening of the assessment beyond four years from the end of the assessment year on the ground that the assessee had failed to disclose primary facts during the original assessment proceedings

Dy. Commissioner of Income Tax, Central Circle 3, Delhi vs. Pankaj Goel, Delhi

ITA 4159/DEL/2025[2017-18]Status: DisposedITAT Delhi17 Dec 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2017-18 Dy. Commissioner Of Vs. Sh. Pankaj Goel, Income Tax, 662/3A, Ghati Road, Central Circle-3, Anand Paravt, Central Delhi, Delhi New Delhi Pan: Aswpg8949E (Appellant) (Respondent) With C.O. No.236/Del/2025 [Arising Out Of Ita No.4159/Del/2025] Assessment Year: 2017-18 Sh. Pankaj Goel, Vs. Dy. Commissioner Of Income 662/3A, Ghati Road, Tax, Anand Paravt, Central Circle-3, Central Delhi, Delhi New Delhi Pan: Aswpg8949E (Appellant) (Respondent) Assessee By Ms. Mansi Jain, Adv. Sh. Siddharth Bajaj, Adv. Department By Sh. Siddharth Bhim Singh Meena, Cit(Dr) Date Of Hearing 08.12.2025 Date Of Pronouncement 17.12.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.4159/Del/2025 Along With Assessee’S Cross Objection C.O. No. 236/Del/2025 For Assessment & C.O. No.236/Del/2025

Section 13ASection 147Section 148Section 148ASection 151Section 29A

relation to which such notice has been issued is more than four years prior to the date of the reopening, i.e., it is beyond four years from the expiry of the assessment year in question and is clearly therefore, time barred in terms of the first proviso to section ... involved was that for the purpose of section 151(1) of the Income-tax Act, 1961 since the reopening of the assessment was beyond four years, it had to have the prior approval of the Commissioner of Income-tax, and there was no such approval in the present case

DCIT, Circle 13(2), Kolkata vs. Padma Logistic and Khanij Private Limited, Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1242/KOL/2025[2010-11]Status: DisposedITAT Kolkata12 Dec 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1241 & 1242/Kol/2025 Assessment Years: 2009-10 & 2010-11 Dcit, Circle-13(2), Kolkata……..……………………...… ….……….……Appellant Vs. Padma Logistic & Khanij Pvt. Ltd.…………………….....……...…..…..Respondent 3C, 3Rd Floor, Mukti World, 9/3B, Leelaroy Sarani, Kol– 19.. [Pan: Aaecp2189C] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Subhash Agarwal, Adv., Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 12, 2025

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 250

order thereby submitting that the notice u/s 148 is time-barred and the same is bad in law as the said notice issued beyond four years from the end of assessment year under consideration. The ld. AR submits that the original assessment of the assessee was completed under Section ... assessee to fully and truly disclose all material facts necessary for the assessment. We note that the Assessing Officer has reopened the assessment beyond four years merely based on the borrowed satisfaction even there is no allegation that the income of the assessee has escaped assessment due to non-disclosure

Deputy Commissioner of Income Tax, Kolata vs. Padma Logistic and Khanij Private Limited, Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1241/KOL/2025[2009-10]Status: DisposedITAT Kolkata12 Dec 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1241 & 1242/Kol/2025 Assessment Years: 2009-10 & 2010-11 Dcit, Circle-13(2), Kolkata……..……………………...… ….……….……Appellant Vs. Padma Logistic & Khanij Pvt. Ltd.…………………….....……...…..…..Respondent 3C, 3Rd Floor, Mukti World, 9/3B, Leelaroy Sarani, Kol– 19.. [Pan: Aaecp2189C] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Subhash Agarwal, Adv., Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 12, 2025

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 250

order thereby submitting that the notice u/s 148 is time-barred and the same is bad in law as the said notice issued beyond four years from the end of assessment year under consideration. The ld. AR submits that the original assessment of the assessee was completed under Section ... assessee to fully and truly disclose all material facts necessary for the assessment. We note that the Assessing Officer has reopened the assessment beyond four years merely based on the borrowed satisfaction even there is no allegation that the income of the assessee has escaped assessment due to non-disclosure

Baldev Singh, Village Jandli, Ambala vs. Income Tax Officer Ward-3, Ambala, Ambala Cantt

The appeal stand allowed

ITA 891/CHANDI/2025[2007-2008]Status: DisposedITAT Chandigarh10 Dec 2025AY 2007-2008

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.889/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2007-08) Shri Teja Singh Income Tax Officer C/O Rajiv Goel & Associates Ward-4 बनाम/ Vs. 179, Bank Road, Ambala Cantt. Ambala Cantt. Ambala (Haryana)-133 001 Haryana – 133 001 "थायी लेखा सं./जीआइआरसं./Pan/Gir No. Bqzps-3706-B (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.891/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2007-08) Shri Baldev Singh Income Tax Officer C/O Rajiv Goel & Associates Ward-3 बनाम/ Vs. 179, Bank Road, Ambala Cantt. Ambala Cantt. Ambala (Haryana)-133 001 Haryana – 133 001 "थायी लेखा सं./जीआइआरसं./Pan/Gir No. Brzps-4850-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ" कीओरसे/ Appellant By : Shri Rohit Goel (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 18-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 10-12-2025

For Appellant: Shri Rohit Goel (CA) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 142(1)Section 143(3)Section 148

arguments as well as arguments on merits and supported the case of the assessee. It has been argued that the case was reopened beyond four years without alleging any failure on the part of the assessee as mandated under the statute. The Ld. AR also argued that approval of appropriate ... assessment. The impugned bank account was duly disclosed by the assessee in its return of income. Subsequently, the case has been reopened beyond four years on the ground that the issue of deposit of cash of Rs.32,75,333/- was not looked into during the course of original assessment proceedings

Teja Singh, Ambala vs. Income Tax Officer, Ward-4, Ambala Cantt, Ambala

The appeal stand allowed

ITA 889/CHANDI/2025[2007-2008]Status: DisposedITAT Chandigarh10 Dec 2025AY 2007-2008

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.889/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2007-08) Shri Teja Singh Income Tax Officer C/O Rajiv Goel & Associates Ward-4 बनाम/ Vs. 179, Bank Road, Ambala Cantt. Ambala Cantt. Ambala (Haryana)-133 001 Haryana – 133 001 "थायी लेखा सं./जीआइआरसं./Pan/Gir No. Bqzps-3706-B (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.891/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2007-08) Shri Baldev Singh Income Tax Officer C/O Rajiv Goel & Associates Ward-3 बनाम/ Vs. 179, Bank Road, Ambala Cantt. Ambala Cantt. Ambala (Haryana)-133 001 Haryana – 133 001 "थायी लेखा सं./जीआइआरसं./Pan/Gir No. Brzps-4850-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ" कीओरसे/ Appellant By : Shri Rohit Goel (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 18-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 10-12-2025

For Appellant: Shri Rohit Goel (CA) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 142(1)Section 143(3)Section 148

arguments as well as arguments on merits and supported the case of the assessee. It has been argued that the case was reopened beyond four years without alleging any failure on the part of the assessee as mandated under the statute. The Ld. AR also argued that approval of appropriate ... assessment. The impugned bank account was duly disclosed by the assessee in its return of income. Subsequently, the case has been reopened beyond four years on the ground that the issue of deposit of cash of Rs.32,75,333/- was not looked into during the course of original assessment proceedings