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“Section 151(1)”

Section References (mined)Section 151Section 151(1)522 judgments

The decision most relied on for Section 151(1) is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on Section 151(1)

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.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

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.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Parashuram Pottery Works Co. Ltd. v. ITO
106 ITR 1 · 1977 · Supreme Court
486
citing judgments

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

Judgments citing Section 151(1)

Yogesh Gunvantlal Ronvelia, Valsad vs. Income Tax Officer, International Taxation, Surat

In the result, the appeal of the assessee is allowed

ITA 516/SRT/2023[2011-12]Status: DisposedITAT Surat12 Oct 2023AY 2011-12

Bench: Dr. A. L. Saini, Am आयकर अपील सं./Ita No.516/Srt/2023 ("नधा"रण वष" / Assessment Year: (2011-12) (Physical Court Hearing) Shri Yogesh Gunvantlal Ronvelia Income Tax Officer, 704-B/Riddhi Siddhi Apartment, [International Taxation], Surat, Vs. Halar Road, Valsad-396001 107 Anavil Business Centre, Adajan Hajira Road, Surat- 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amvpr 5835 P (अपीलाथ"/Assessee) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Rajesh Upadhyay, Ar िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाईकीतारीख/Date Of Hearing 21/09/2023 घोषणाकीतारीख/Date Of Pronouncement 12/10/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2011-12, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-13, Ahmedabad [In Short “Ld. Cit(A)”] Dated 30.05.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Income Tax Officer, Under Section 144 R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 20.12.2018. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Cit[A], Has Erred In Law & On Facts To Upheld A.O’S Reopening Of Assessee’S Assessment U/S 147 & Issue Of Notice U/S 148 Of I.T Act. 2. Ld. Cit(A) Has Erred In Law & On Facts To Uphold Addition Of Rs.9,00,000/- Out Of A.O’S Addition Of Rs.11,00,000/- Made On Account Of Cash Deposit In Assessee’S Bank Account With Central Bank Of India Ignoring The Evidences & Facts That Assessee’S Father Has Withdrawn Cash From The Said Bank Account Prior To Make Deposit.”

Section 142(1)Section 144Section 147Section 148Section 151(1)Section 69

IN THE INCOME TAX APPELLATE TRIBUNAL, "SMC” BENCH, SURAT BEFORE DR. A. L. SAINI, AM आयकर अपील सं./ITA No.516/SRT/2023