← All Phrases

“within four years”

ReassessmentSection 147Section 147391 judgments

The decision most relied on for within four years is (P.) Ltd. v. ITO (221 ITR 538), cited in 125 judgments on BharatTax.

Leading authorities on within four years

(P.) Ltd. v. ITO
221 ITR 538 · 1996 · Supreme Court
125
citing judgments

The sanction of a specified authority under Section 151 is a mandatory procedural check before issuing a notice under Section 148. This procedural safeguard aims to prevent mechanical reopening of assessments and harassment of the assessee.

CIT v. NHK Japan Broadcasting Corporation
305 ITR 137 · 2008 · High Court
96
citing judgments

When no specific statutory period of limitation exists, proceedings under Section 201(1) and 201(1A) of the Income-tax Act, particularly for payments to non-residents, must be initiated within a reasonable period of four years. This limitation also applies to consequential penalty proceedings under Section 271C.

Dass Khanna v. ITO
460 ITR 546 · 2024 · High Court
41
citing judgments

The authority required to grant prior approval under Section 151 of the Income-tax Act for reassessment proceedings varies based on the applicable time limit for reassessment, as limitation is inextricably intertwined with the rank of the specified approving authority.

Venus Industrial Corporation v. Asst. CIT
236 ITR 742 · 1999 · High Court
32
citing judgments

Reopening an assessment within four years to re-examine a deduction under Section 80HHC, which was wrongly allowed in the original assessment, is valid. This is illustrated by cases where reassessment was held valid for re-examining deductions based on how excise duty was treated in the balance sheet.

340 ITR 299 (Bom.) (v) Desai Bros. Ltd. v. DCIT
267 ITR 161 · 2004 · High Court
30
citing judgments

The first proviso to section 147 of the Income Tax Act applies when an assessment is re-opened within four years from the end of the assessment year. If the assessment year is within four years, the conditions of the proviso are met.

232 Taxman 414 (Del. HC) 4. Yum Restaurants Asia Pte Ltd. v. DDIT
397 ITR 639 · 2017 · High Court
26
citing judgments

The approval for reopening of assessment must be obtained from the prescribed authority, which depends on whether the assessment is being reopened within four years or beyond four years from the end of the relevant assessment year.

236 ITR 832 (Guj) (para 21) Snowcem India Ltd. v. Deputy CIT
313 ITR 170 · 2009 · High Court
21
citing judgments

Reopening assessment proceedings under Section 147 is permissible within four years, even if full and true particulars were provided during the original assessment, provided the Assessing Officer forms a prima facie opinion of underassessment or escapement of income.

CIT v. Aquatic Remedies
406 ITR 545 · 2018 · High Court
21
citing judgments

Sanction for reopening an assessment under Section 151 requires approval from the specified authority, and approval from a superior but different authority is invalid. Even if the reopening is within four years, the correct authority must grant approval.

Judgments citing within four years

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3205/CHNY/2016[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

other hand, supporting the order of the Ld.CIT(A), submitted that assessment for the impugned assessment year has been re-opened within four years from the end of the relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement ... completion of assessment u/s.143(3) of the Act. The law is very clear in as much as wherever assessment is re-opened within four years or beyond years, but the basis for re-opening of assessment should be on the basis of fresh material come to the possession

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3203/CHNY/2016[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

other hand, supporting the order of the Ld.CIT(A), submitted that assessment for the impugned assessment year has been re-opened within four years from the end of the relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement ... completion of assessment u/s.143(3) of the Act. The law is very clear in as much as wherever assessment is re-opened within four years or beyond years, but the basis for re-opening of assessment should be on the basis of fresh material come to the possession