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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

Sajithkumar Subi, Ankleshwar vs. Income-Tax Officer Ward-2(4), Bharuch

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 670/SRT/2024[2012-13]Status: DisposedITAT Surat10 Nov 2025AY 2012-13

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.670/Srt/2024 Assessment Year: 2012-13 (Hybrid Hearing) Sajithkumar Subi, Ito Ward- 2(4), Bharuch बनाम/ 60, Raghuveer Society, Opp. Harikunj Building, Above Bank Of Vs. Surwadi, Bor Bhatha Road, Baroda, Station Road, Bharuch Ankleshwar, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Axcpk0947P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Ms. Kinjal Shah, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 12/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 10/11/2025

Section 144Section 147Section 148Section 151Section 250

demand raised thereunder requires to be cancelled. 2. With prejudice to the above, your appellant submitted that the AO has not issued copy of reasons recorded as well as copy of approval to PCIT u/s.151 which is obligatory particularly because the assessment was time barred. 3. Further your appellant submits ... grounds regarding validity of re-opening u/s 147 and notice u/s.148 of the Act, that the assessment order was time- barred and that the reasons recorded and sanction u/s 151 of the Act were not provided to the assessee, we find that these issues have been raised for the first

Shri Natarajan Somasundaram, Chennai vs. ITO, Ncw-8(2), Chennai

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

ITA 788/CHNY/2025[2018-19]Status: DisposedITAT Chennai07 Nov 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.788/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Natarajan Somasundaram, Vs. The Income Tax Officer, E-105, Periyar Vegetable Market, Non-Corporate Ward 8(2), Koyambedu, Chennai 600 092. Chennai. [Pan:Aajps6303B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 24.09.2025 घोषणा की तारीख /Date Of Pronouncement : 07.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.10.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 443 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In The Interest Of Justice, We Condone The Delay Of 450 Days By Imposing Cost

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 24Section 32

documents for consideration of the claim. She argued that no 4 I.T.A. No.788/Chny/25 evidence was produced before the ld. CIT(A) and supported the reasons recorded by the ld. CIT(A). 8. Heard both the parties and perused the material available on record. We agree with the findings