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“Section 151(2)”

Section References (mined)Section 151Section 151(2)557 judgments

The decision most relied on for Section 151(2) is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on Section 151(2)

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.

Calcutta Discount Co. Ltd. v. ITO
41 ITR 191 · 1961 · Supreme Court
384
citing judgments

The assessee's duty is limited to disclosing all primary, material facts necessary for assessment, including entries, documents, and other evidence. It is for the Assessing Officer to draw inferences of fact and law, and the assessee is not obligated to offer such inferences.

394 ITR 146 (Guj.) 2. Varshaben S. Patel v. ITO
338 ITR 51 · 2011 · High Court
295
citing judgments

Reasons for reopening an assessment must be specific and not vague, scanty, or based on borrowed satisfaction. The Assessing Officer must quantify the escaped income.

CIT v. Amitabh Bachchan
384 ITR 200 · 2016 · Supreme Court
264
citing judgments

The Commissioner's revisional power under Section 263 of the Income Tax Act is not limited to the points specified in the show-cause notice, nor is the exercise of this power contingent upon issuing a show-cause notice.

CIT v. Atlas Cycle Industries
180 ITR 319 · 1989 · High Court
212
citing judgments

The Assessing Officer lacks jurisdiction to make a reassessment if the very grounds on which the notice under Section 148 was issued are subsequently found not to exist. In such a scenario, the reassessment proceedings must be cancelled.

P.V. Doshi v. CIT
113 ITR 22 · 1978 · High Court
179
citing judgments

The lack of jurisdiction to initiate reassessment proceedings under Section 147/148 cannot be waived and can be challenged at a later stage, even if not raised initially. An invalid reassessment due to such jurisdictional defects cannot sustain subsequent penalty proceedings.

Asian Paints Ltd. v. DCIT
308 ITR 195 · 2009 · High Court
175
citing judgments

An Assessing Officer cannot issue a notice under Section 148 to reopen an assessment when all material facts were already before the AO during the original assessment, even if the AO failed to apply their mind at that time. Such an action constitutes an impermissible review of a concluded assessment rather than a reassessment based on fresh tangible material.

Judgments citing Section 151(2)

Dy. Commissioner of Income Tax, Noida vs. M/S Rudra Buildwell Homes Pvt. Ltd, Delhi

ITA 602/DEL/2025[2016]Status: DisposedITAT Delhi29 Aug 2025

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Rudra Buildwell Homes Dcit, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi Pan: Aafcr6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising Out Of Ita No.602/Del/2025] Assessment Year: 2016-17 M/S. Rudra Buildwell Vs. Dcit, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida Pan: Aafcr6959P (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, Itp Department By Sh. Rajesh Chandra, Cit(Dr) Date Of Hearing 12.08.2025 Date Of Pronouncement 29.08.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.602/Del/2025 & Assessee’S Cross Objection C.O. No. 106/Del/2025 For Assessment Year 2016-

Section 143(3)Section 148Section 148ASection 151Section 151(1)Section 151(2)

assessments. 128 A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) of Before expiry of four Joint the old regime years from the end of the Commissioner relevant assessment year Section 151(1) of After expiry ... four years from the end of an assessment year falls between 20 March 2020 and 31 March 2021, then the specified authority under Section 151(2) has time till 31 March 2021 to grant approval. The time limit for Section 151 of the old regime expires on 31 March

Sunidhi Securities & Finance Limited, Mumbai vs. DCIT 4(2)(1), Mumbai

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

ITA 5938/MUM/2024[2015-16]Status: DisposedITAT Mumbai26 Aug 2025AY 2015-16

Bench: Ms. Kavitha Rajagopal, Jm & Shri. Girish Agrawal, Am Sunidhi Securities & Finance The Deputy Commissioner Of Limited Income Tax, 4(2)(1), Mumbai 8Th Floor, Unit-1, Kalpataru Inspire, Room No. 642, Aaykar Bhavan, M. Vs. Opp. Grand Hyatt Hotel, Santacruz K. Road, Mumbai – 400020. (East), Mumbai – 400055 Pan/Gir No. Aadcs1657D (Appellant) : (Respondent) Assessee By : Shri. Shashi Bekal : Shri. Pravin Salunkhe (Sr. Dr) Respondent By Date Of Hearing : 06.06.2025 Date Of Pronouncement : 26.08.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: Grounds Of Appeal: 1. The Ld. C.I.T. (Appeals) Erred In Confirming The Action Of D.C.I.T. Of Reopening The Assessment Merely Based On Reason To Suspect & Not Reason To Believe & Is Therefore Bad In Law. 2. The Ld. C.I.T. (Appeals) Erred In Confirming The Action Of D.C.I.T. Treating The Trading In Steel Exchange India Limited Through Recognized Stock Exchange As Bogus Trading Loss. Sunidhi Securities & Finance Limited

For Appellant: Shri. Shashi Bekal
Section 115JSection 143(1)Section 143(3)Section 147Section 148Section 151Section 234BSection 250

contended that the impugned notice is not in accordance with the provision of Section 151, where the old provision of Section 151(2) of the Act would be applicable, in which case the sanctioning authority is the Joint Commissioner and not the PCIT. The ld. AR relied on the decision ... assessment year falls between 20.03.2020 and 31.03.2021 for Section 151 of the Act and the specified authority as per Section 151(2) of the Act would be ld. JCIT for the purpose of seeking prior approval for issuance of reassessment notice u/s. 148 of the Act. 11. In the present

Aamya Resources LLP, Andheri East vs. ITO, Ward 24(1)(1) Mumbai, Mumbai

In the result, the appeal filed by the assessee stands allowed

ITA 4423/MUM/2025[2016-17]Status: DisposedITAT Mumbai21 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Sandeep Gosain & Shri Om Prakash Kantvs. Ito, Ward 24(1)(1) Aamya Resources Llp Piramal Chamber, 1, Wilson House, Old Mumbai – 400012. Nagardas Road, Andheri (E), Mumbai – 400069. Pan/Gir No. Abcfa4651A (Applicant) (Respondent) Assessee By Shri Satish Aggarwal (Virtually Appear) Revenue By Shri Surendra Mohan, Sr. Dr Date Of Hearing 21.08.2025 Date Of Pronouncement 24.09.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 11.10.2019 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre / Cit(A), Mumbai For The Assessment Year 2015- 16. 2. Although, Assessee Had Raised Number Of Grounds In The Present Appeal But At The Outset Ld. Ar Pressed Ground No.4 Which Is Legal In Question & It Goes To The Roots Of The Case. Therefore, We Have Decided To Adjudicate This Ground Firstly, Ground No. 4, Which Is Reproduced Herein Below:

Section 148Section 149Section 151Section 250Section 3(1)

assessments. 128 A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) of the Before expiry of four Joint commissioner old regime years from the end of the relevant assessment year Section 151(1) of the After