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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)

Dharti Commercial Trading P. Ltd., Mumbai vs. ACIT Range-6(2)(2), Mumbai

ITA 1905/MUM/2020[2008-09]Status: DisposedITAT Mumbai06 Sept 2022AY 2008-09

Bench: Shri Prmod Kumar, Vp & Shri Amit Shukla, Jm 1. आयकरअपीलसं./ I.T.A. No. 1905/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2008-09) Acit Range-6(2)(2), Dharti Commercial Trading 5Th Floor, Aayakar Pvt. Ltd. Bhawan, Churchgate, (Formerly Known As Dharti बनाम/ Mumbai-400 020 Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & 2. आयकरअपीलसं./ I.T.A. No. 496/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2008-09) Dharti Commercial Trading Acit Range-6(1)(1), 5Th Floor, Aayakar Bhawan, Pvt. Ltd. Churchgate, (Formerly Known As Dharti Mumbai-400 020 बनाम/ Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Madhur Agarwal & Ms. Moksha Mehta, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Shri Sanjay Chandra, Ld. Dr

For Appellant: Shri Madhur Agarwal & MsFor Respondent: Shri Sanjay Chandra, Ld. DR
Section 143(3)Section 147Section 148Section 14A

accordance with the provisions of section 148 on this issue after obtaining prior approval of the Commissioner of Income Tax-6, Mumbai under section 151(1) of the Act to bring to tax the incorrect allowance of the purported loss of Rs.70,75,25,OOO/- which is not a genuine

Merck Performance Materials Pvt Ltd., Mumbai vs. Asst CIT 15(2)(2), Mumbai

ITA 1210/MUM/2020[2011-12]Status: DisposedITAT Mumbai13 Apr 2022AY 2011-12

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1210/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Merck Performance Materials बिधम/ The Assistant Pvt. Ltd., (Formerly Known As Commissioner Of Income Vs. Chemtreat Composites India Tax – 15(2)(2), Mumbai, Pvt. Ltd.) Aayakar Bhavan, Godrej One, Pirojsha Nagar, M.K. Road, Eastern Express Highway, Mumbai - 400020 Vikhroli (East), Mumbai- 400079 Pan : Aabcc5609B (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: Arati Vissanji For The Respondent/Revenue: C.T. Mathews सुनवाई की तारीख / Date Of Hearing : 03.02.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 02.12.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 24, Mumbai (Hereafter Referred To As „The Cit(A)‟] Under Section 250 Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟), Whereby The Ld. Cit(A) Had Dismissed The Appeal Against The Assessment Order, Dated 29.12.2017, Passed Under Section 143(3) Read With Section 147 Of The Act.

For Appellant: Arati VissanjiFor Respondent: C.T. Mathews
Section 10ASection 10BSection 115JSection 143(1)Section 143(3)Section 147Section 148Section 250

assessing officer who issued the notice. Further, she submitted that satisfaction has been recorded, and approval has been granted under Section 151(1) of the Act in a mechanical manner. She relied upon the judgments of the jurisdictional High Court and Supreme Court to support the case. On merits ... Therefore, approval to issue notice u/s 148 may be granted, as ITA. No. 1210/Mum/2020 A.Y. 2011-12 required under proviso to Section 151(1) of the I.T. Act, 1961.” (Emphasis Supplied) 10. The reasons recorded clearly state that deduction as claimed by the Appellant was allowed in the assessment completed

M/S. Translands Infrastructure Developers P. Ltd., Navi Mumbai vs. Dy CIT-15(3)(1), Mumbai

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

ITA 1676/MUM/2020[2012-13]Status: DisposedITAT Mumbai21 Feb 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 1676/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Translands Infrastructure बिधम/ Dcit-15(3)(1) Developers Pvt. Ltd. Room No.451, Aayakar Vs. Office No. A-702, 7Th Floor, Bhavan, M. K. Marg, Everest Nivara Infotech Park, Mumbai-400020. Plot No.D/3, Ttc Industrial Area, Midc, Turbhe, Navi Mumbai-400705. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct0036B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri J. P. Bairagra Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 24/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. Ld. Cit (A) Erred In Upholding The Reopening Of Assessment U/S 147 Of The Income Tax Act. A.Y.2012-13 2. Ld. Cit (A) Erred In Upholding The Reassessment U/S 147 Which Was Reopened By Ao On The Basis Of Borrowed Satisfaction I.E. Merely On The Basis Of Information Received In Letter From Dy. Dit (Inv.) In Respect Of Search & Seizure U/S 132 Of The Act In The Case Of Shri Vipul Vidur Bhatt Without Application Of His Own Mind Before Issue Of Notice U/S 148. 3. The Ld Cit (A) Erred In Upholding The Reassessment U/S 147 Reopened By Ao Without Taking The Requisite Approval From The Principal Commissioner U/S 151(1) Of The Income Tax Act, 1961 By Recording The Satisfaction That It Is A Fit Case For Reopening On The Basis Of Reasons For Reopening Recorded By The Ld Ao As No Exact Copy Of The Said Approval Has Been Given To The Appellant.

For Appellant: Shri J. P. BairagraFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 151(1)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND AMARJIT SINGH, AM आयकर अपील