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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)

Sri Ram Health Care Private Limited, Baddi vs. Deputy Commissioner of Income Tax, Circle - Parwanoo, Parwanoo

In the result, all the appeal of the Assessee stand allowed for statistical purposes

ITA 850/CHANDI/2025[2010-11]Status: DisposedITAT Chandigarh20 Jan 2026AY 2010-11

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 850/Chd/2025 "नधा"रण वष" / Assessment Year : 2010-11 Sri Ram Health Care Private The Dcit, Limited, बनाम Circle. 81C/2 Epip Phase I, Parwanoo Vs. Jharmajari, Baddi, Himachal Pradesh 173205 "थायी लेखा सं./ Pan No: Aamcs5840H अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Manoj Kumar, Ca राज"व क" ओर से/ Revenue By : Dr.Ranjit Kaur, Addl. Cit, Sr. Dr

For Appellant: Sh. Manoj Kumar, CAFor Respondent: Dr.Ranjit Kaur, Addl. CIT, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 151(2)Section 68

Issued notice u/s 148 without taking the approval of Pr. Commissioner of Income Tax, Shimla which was mandatory as per provisions of Section 151(2) if notice u/s 148 is issued beyond 4 years. It is an admitted fact vide Para-2, Page-2 of the assessment order that ... short 'the Act'), the Assessing Officer has not taken mandatory approval of PCIT, Shimla as per the provisions of section 151(2) of the Act, if the notice u/s 148 is to be issued beyond four 850-Chd-2025 5 years. The Ld. Counsel also argued that