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“Kelvinator”

Judicial DoctrinesKelvinator - 147Kelvinator - 147924 judgments

The decision most relied on for Kelvinator is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on Kelvinator

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. Kelvinator of India Ltd.
256 ITR 1 · 2002 · High Court
439
citing judgments

An Assessing Officer cannot reopen an assessment under Section 147 based on a mere change of opinion regarding the same material available during the original assessment. Reopening requires fresh, tangible material or information that leads to a reason to believe income has escaped assessment.

Haryana Acrylic Manufacturing Company v. CIT
308 ITR 38 · 2009 · High Court
248
citing judgments

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

CIT v. Usha International Ltd.
348 ITR 485 · 2012 · High Court
231
citing judgments

A reassessment is invalid due to 'mere change of opinion' if an issue was raised during original assessment but no addition was made, implying the issue was examined. However, if a subject matter was not examined and no opinion was formed, the principle of 'change of opinion' does not apply.

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.

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.

Principal Commissioner of Income-tax-5 v. Shodiman Investments (P.) Ltd.
422 ITR 337 · 2020 · High Court
84
citing judgments

Reassessment cannot be initiated on "borrowed satisfaction"; the Assessing Officer must independently apply their mind to tangible material to form a reasonable belief that income has escaped assessment. The sanctioning authority under Section 151 must also apply its mind to the recorded reasons before granting approval.

KLM Royal Dutch Airlines v. Additional Director of Income Tax
292 ITR 49 · 2007 · High Court
78
citing judgments

Reassessment proceedings under Section 147 cannot be initiated based on a mere change of opinion or reappraisal of existing facts, but require new or fresh tangible material or information indicating escapement of income.

Judgments citing Kelvinator

Star Aviation Private Limited, Mylapore vs. The Assistant Commissioner of Income Tax, Corporate Circle 6, Chennai, Nungambakkam

The appeal stand allowed in terms of our above order

ITA 1497/CHNY/2023[2009-10]Status: DisposedITAT Chennai11 Jun 2024AY 2009-10

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1497/Chny/2023 (िनधा*रण वष* / Assessment Year: 2009-10) M/S. Star Aviation Private Limited Acit Chennai Citi Centre, 4Th Floor बनाम/ Corporate Circle-6, 10 & 11, Dr.Radhakrishnan Salai, Chennai. Vs. Mylapore, Chennai-600 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajcs-6206-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri V. Padmanabhan & Shri R. Venkata Raman (Cas) - Ld. Ar " थ"कीओरसे/Respondent By : Dr. D. Praveen (Jcit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 16-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R

For Appellant: Shri V. Padmanabhan & Shri RFor Respondent: Dr. D. Praveen (JCIT) -Ld. Sr. DR
Section 143Section 143(3)Section 148

would be nothing but mere change of opinion on existing material which is impermissible as per the decision of Hon’ble Apex Court in Kelvinator of India Ltd. (187 Taxman 312). It was held that the review of order is impermissible. The ratio of cited decision would squarely apply

The ACIT, Circle-5, Ahmedabad vs. M/S. Jubilee Tradelink Pvt. Ltd., Ahmedabad

In the result, the appeal of the Department is dismissed

ITA 806/AHD/2016[2008-09]Status: DisposedITAT Ahmedabad29 May 2024AY 2008-09

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyalिनधा"रणवष"/Assessment Year: 2008-09 Vs. M/S. Jubilee Tradelink Pvt. Ltd., The Acit, 9B, Bansidhar Apartments, Circle-5, Gyanganga Classes, Ahmedabad Jawaharnagar, Vasna, Ahmedabad Pan : Aabcj 0614 P अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Shri Parin Shah, Ar Revenue By : Shri Ravindra, Sr Dr तारीख/Date Of Hearing : 08.05.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 29.05.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश Per Siddhartha Nautiyal: This Appeal Has Been Filed By The Department Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-9, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 05.01.2016, Passed Under Section 250(6) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2008-09. 2. The Department Has Taken The Following Grounds Of Appeal:- “1. The Ld. Cit(A) Has Erred In Law & On Facts In Holding The Reassessment Proceedings As Void. 2. The Ld. Cit(A) Has Erred In Law & On Facts By Not Appreciating That The Assessment Was Reopened Within Four Years From The Relevant Assessment Year & The Issue Decided In Reassessment Proceedings Was Not Dealt With During Original Assessment Proceedings..

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Shri Ravindra, Sr DR
Section 147Section 250(6)

assessment, with the following observations:- “5.7 I fully agree with the contention of the appellant and its reliance on the judgment of CIT vs Kelvinator of India Ltd 256 ITR 1 referred above. From the circumstances and facts mentioned above, it is apparent that all the facts were 4 ACIT

ITO, WD.9(1), Kolkata vs. M/S Maharaj Vincom Pvt. Ltd., Kolkata

ITA 35/KOL/2021[2009-10]Status: DisposedITAT Kolkata15 May 2024AY 2009-10

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 143(1)Section 143(3)Section 147Section 250Section 263

this connection, the observations in Calcutta Discount Ltd. 's case (supra). " (p. 967) 12. The Full Bench of this Court in CIT v. Kelvinator of India Ltd. [2002] 256 ITR 1 had opined that the amendments introduced into section 147 with effect from 1-4-1989 have not altered ... this Court has taken into consideration both Praful Chunilal Patel's case (supra) as well as Garden Silk Mills Ltd. 's case (supra). In Kelvinator of India's Ltd. 's case (supra) the Full Bench had also I.T.A. No.35/Kol/2021 & C.O. No.6/Kol/2023 Assessment Year: 2009-10 M/s Maharaj Vincom