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reasons recorded

ReassessmentSection 148Section 14813,127 judgments

The decision most relied on for reasons recorded is Hindustan Lever Ltd. v. R.B. Wadkar (268 ITR 332), cited in 695 judgments on BharatTax.

Leading authorities on reasons recorded

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

T.S. Balaram ITO v. Volkart Bros.
82 ITR 50 · 1971 · Supreme Court
382
citing judgments

A mistake apparent from the record under Section 154 must be an obvious and patent error, not one that requires a long and elaborate process of reasoning or where two opinions are conceivable. Rectification under Section 154 is not permissible for re-examining issues already considered or requiring detailed re-computation.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.
384 ITR 147 · 2016 · High Court
274
citing judgments

Reassessment proceedings are invalid if initiated based on documents already available on record without fresh tangible material, and if the sanction under section 151 is accorded mechanically, indicating non-application of mind.

M/s Sahara India (Farms) v. CIT & Anr.
300 ITR 403 · 2008 · Supreme Court
268
citing judgments

The requirement of statutory prior approval by a high-ranking authority, even if administrative, serves as an in-built protection against arbitrary exercise of power by the Assessing Officer. While such approval need not record elaborate reasoning, the approving authority has a heavy duty to ensure it is not an empty ritual, fulfilling its purpose of supervisory control.

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.

Pepsi Foods (P.) Ltd. v. Asstt. CIT
367 ITR 112 · 2014 · High Court
225
citing judgments

For assessments under Section 153C, a specific satisfaction note by the Assessing Officer of the person searched, recorded prior to initiating proceedings, is a jurisdictional prerequisite, rendering its absence void. The approval function under Section 153D is administrative and does not require elaborate reasoning.

Sarthak Securities Co. Pvt. Ltd. v. ITO
329 ITR 110 · 2010 · High Court
217
citing judgments

Reassessment proceedings under Section 147 are invalid if the Assessing Officer records satisfaction based on borrowed satisfaction or information without independently applying their mind and forming their own 'reason to believe' that income has escaped assessment. The AO must arrive at an independent conclusion, not merely act on a report from an investigation wing without due diligence.

Judgments citing reasons recorded

Omkara Diamond Exports Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 5(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 9175/MUM/2025[2012-13]Status: DisposedITAT Mumbai07 Apr 2026AY 2012-13

Bench: Us, Therefore, Lies Not Merely In The Realm Of Quantum Addition, But Fundamentally Concerns The Legality Of Assumption Of Jurisdiction Under Section 147 In A Second Round Of Reassessment Proceedings On Identical Set Of Facts Which Had Already Been Examined & Adjudicated In Earlier Proceedings. Omkara Diamond Exports Private Limited 2 2. The Brief Facts Are That The Assessee Had Filed Its Original Return Of Income On 30.09.2012 Declaring Total Income Of Rs. 15,85,249/-. The Case Was Initially Reopened Under Section 147 Based On Information Received From The Investigation Wing, Mumbai, Alleging That The Assessee Had Obtained Accommodation Entries From Entities Controlled By Shri Bhanwarlal Jain. The Reasons Recorded In The First Round Clearly Refer To The Alleged Modus Operandi Of Issuing Bogus Purchase Bills & The Purchases Alleged To Have Been Made From Eight Parties Aggregating To Rs. 8,24,01,689/-.

Section 143(3)Section 147Section 148Section 151

information received from the Investigation Wing, Mumbai, alleging that the assessee had obtained accommodation entries from entities controlled by Shri Bhanwarlal Jain. The reasons recorded in the first round clearly refer to the alleged modus operandi of issuing bogus purchase bills and the purchases alleged to have been made from ... issue stood fully examined, adjudicated and attained finality. 4. However, thereafter, the Assessing Officer once again reopened the assessment under section 147. The reasons recorded in the second round, as borne out from the record, reveal that they are based on the very same material, namely, the Investigation Wing information

Sonal Sunil Jolapure, Davorlim, Salcete vs. Income Tax Officer, Ward - 3, Margao

In the result, the appeal filed by the assessee is dismissed

ITA 174/PAN/2023[2011-12]Status: DisposedITAT Panaji02 Apr 2026AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos. 174/Pan/2023 (A.Y. 2011-12 ) Sonal Sunil Jolapure, Vs Ito-Ward-3, Savali Virgincar Classic, Blessings Pioneer . Near Maruti Temple, Complex, Davorlim, Old Market, Salcete-403707, Margao-403601,Goa. Goa. . Pan .No. Anzpj2182L (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri D.E.Robinson.Ar Revenue By Sri.Sanket Deshmukh.Sr.Dr सुनवाई की तारीख/Date Of Hearing 19.02.2026 घोषणा की तारीख/Date Of Pronouncement 02.04.2026 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of Nfac/ Cit(A) Passed U/Sec 143(3)R.W.S147 & U/Sec 250 Of The Act. The Assessee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining (I) Validity Of Reassement Proceedings U/Sec147 Of The Act And(Ii)Sustaining The Addition U/Sec68 Of The Act Made By The Assessing Officer. Further Additional Grounds Of Appeal Are Filed That The A.O Has Not Issued Notice U/Sec143(2) Of The Act.

compliance, the Ld.AR of the assesse and assessee father appeared from time to time and submitted the information and details. The assessee was provided reasons recorded for reopening of assessment on 31.08.2018 and also to explain the source of cash deposits in the VPK Urban Credit Cooperative Society