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46 results for “reassessment u/s 147”+ Section 263(2)clear

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Key Topics

Section 263133Section 14790Section 143(3)75Section 14834Addition to Income24Reassessment23Revision u/s 26317Section 153A14Section 68

AGROH INFRASTRUCTURE DEVELOPERS P LTD,MHOW vs. PR CIT CENTRAL CIRCLE BHOPAL, BHOPAL

In the result, appeal of assessee is allowed

ITA 95/IND/2021[2008-09]Status: DisposedITAT Indore11 Apr 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Agroh Infrastructure Pr. Cit (Central) Developers Pvt. Ltd. Bhopal Aqua Point, A.B.Road, Vs. Umaria, Mhow, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaeca 2752 L Assessee By Shri Manish Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2023 Date Of Pronouncement 11.04.2023

Section 143(1)Section 143(3)Section 147Section 148Section 263

reassessment order passed u/s 147 r.s.s. 143(3) on 03.03.2016. The issue on which the second revision order is passed was Page 2 of 16 Agroh Infrstructure Developers P. Ltd. Page 3 of 16 not an issue in the first revision order passed u/s 263 of the Act and therefore, it was neither subject matter of the revision order passed

Showing 1–20 of 46 · Page 1 of 3

14
Section 50C12
Disallowance12
Section 5411

SANTOSH RATHORE,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INDORE - 1, INDORE

Appeal is allowed

ITA 451/IND/2024[2015-16]Status: DisposedITAT Indore14 Oct 2025AY 2015-16
Section 139Section 143(2)Section 147Section 148Section 151Section 263

2 and 3, and pleaded the claim of assessee that the proceeding of re-assessment initiated by AO u/s 147 against assessee was itself unlawful and bad. Therefore, when the 'original proceeding' of re-assessment done by AO u/s 147 was illegal and could not withstand in the eyes of law, the 'consequent proceeding' of revision taken by PCIT u/s

NARENDRA KUMAR AGRAWAL,BURHANPUR vs. PCIT INDORE-1, INDORE

In the result, appeal of the assessee is allowed

ITA 345/IND/2024[2016-17]Status: DisposedITAT Indore29 Aug 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninarendra Kumar Agrawal Pcit (1) 203, Ck Campus Aaykar Bhawan Bahadarpur Road Vs. Indore Burhanpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Adapa0131B Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 20.08.2024 Date Of Pronouncement 29.08.2024

Section 142(1)Section 143(3)Section 144BSection 147Section 148Section 263

section 263 of the Act is therefore illegal and bad-in-law. It is prayed that the same requires to be quashed.” 2. The assesse is an individual and filed his return of income on 25th September 2016 declaring total income of Rs.5,35,510/-. The case was selected for limited scrutiny through CASS and assessment was completed u/s

SMT. SHARDA,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

ITA 263/IND/2024[2014-15]Status: DisposedITAT Indore30 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

Section 144BSection 147Section 148Section 2(14)(iii)Section 263Section 54B

263 of the Income-Tax Act, 1961 and directing the Assessing Officer to frame the assessment de-novo after examining whether the agricultural land sold by the appellant was a capital asset as per the provisions of section 2(14)(iii) of the Act even when the said issue was duly examined by the Assessing Officer at the time

SHRI PREMNARAYAN,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

ITA 262/IND/2024[2014-15]Status: DisposedITAT Indore30 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

Section 144BSection 147Section 148Section 2(14)(iii)Section 263Section 54B

263 of the Income-Tax Act, 1961 and directing the Assessing Officer to frame the assessment de-novo after examining whether the agricultural land sold by the appellant was a capital asset as per the provisions of section 2(14)(iii) of the Act even when the said issue was duly examined by the Assessing Officer at the time

SUNAYANA INVESTMENT COMPANY LTD,INDORE vs. PCIT-1, INDORE, INDORE

The appeal of the assessee is allowed

ITA 218/IND/2024[2017-18]Status: DisposedITAT Indore11 Oct 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisunayana Investment Company Pcit-1, Ltd, Indore Part-B Of 417 Chetak Centre Annex, Vs. R.N.T. Marg, Near Hotel Shreemaya, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaucs5765M Assessee By Shri Sohit Gupta & Ms. Alifiya Ali, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 08.10.2024 Date Of Pronouncement 11.10.2024 O R D E R

Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 263

263 of the Act is further illegal and not tenable under the law as the reassessment order passed u/s 147 of the Act itself was illegal and not tenable under the law. 4. That the Ld. PCIT grossly erred in law and in facts of the case in holding the reassessment order passed by Ld. AO u/s 147

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

ITA 411/IND/2022[2012-13]Status: DisposedITAT Indore21 Jun 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

Section 263

reassessment proceedings since those notices were in their knowledge as they were served physically. However, show cause notices and order passed by the Ld Principal Commissioner of Income Tax-1, Indore was never served physically to the appellant as a result of which the appellant was totally unaware of the fact that show cause notices had been issued and order

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

ITA 89/IND/2021[2010-11]Status: DisposedITAT Indore16 Aug 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

Section 147Section 148Section 263

section 263 when the assessment order itself is not valid and sustainable in law. The Pr. CIT did not accept these objections of the assesse and passed the impugned revision order whereby the assessment order passed u/s 147 r.w.s. 143(3) dated 31st July 2017 was held to be erroneous and prejudicial to the interest of the revenue and consequently

SHRI ARVIND KUMAR SINGH ,BHOPAL vs. THE PR CIT-1, BHOPAL

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

ITA 135/IND/2021[2015-16]Status: DisposedITAT Indore10 Nov 2022AY 2015-16

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S.S. Deshpandey, C.AFor Respondent: Shri P.K. Mitra, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 69A

2. The notice under section 148 of the Act was issued to the assessee after recording reasons assessment whereof was completed under section 143(3) r.w.s 147 of the Act on 27.12.2017 assessing total income at Rs.70,23,010/- upon making the addition of Rs.64,87,360/- on account of unexplained money. 3. The facts in brief is this that

SHRI ARVIND KUMAR SINGH ,BHOPAL vs. THE PR CIT-1, BHOPAL

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

ITA 134/IND/2021[2014-15]Status: DisposedITAT Indore10 Nov 2022AY 2014-15

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S.S. Deshpandey, C.AFor Respondent: Shri P.K. Mitra, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 69A

2. The notice under section 148 of the Act was issued to the assessee after recording reasons assessment whereof was completed under section 143(3) r.w.s 147 of the Act on 27.12.2017 assessing total income at Rs.70,23,010/- upon making the addition of Rs.64,87,360/- on account of unexplained money. 3. The facts in brief is this that

SHRI ARVIND KUMAR SINGH ,BHOPAL vs. THE PR CIT-1, BHOPAL

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

ITA 133/IND/2021[2013-14]Status: DisposedITAT Indore10 Nov 2022AY 2013-14

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S.S. Deshpandey, C.AFor Respondent: Shri P.K. Mitra, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 69A

2. The notice under section 148 of the Act was issued to the assessee after recording reasons assessment whereof was completed under section 143(3) r.w.s 147 of the Act on 27.12.2017 assessing total income at Rs.70,23,010/- upon making the addition of Rs.64,87,360/- on account of unexplained money. 3. The facts in brief is this that

SHRI ARVIND KUMAR SINGH ,BHOPAL vs. THE PR CIT-1, BHOPAL

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

ITA 132/IND/2021[2012-13]Status: DisposedITAT Indore10 Nov 2022AY 2012-13

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S.S. Deshpandey, C.AFor Respondent: Shri P.K. Mitra, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 69A

2. The notice under section 148 of the Act was issued to the assessee after recording reasons assessment whereof was completed under section 143(3) r.w.s 147 of the Act on 27.12.2017 assessing total income at Rs.70,23,010/- upon making the addition of Rs.64,87,360/- on account of unexplained money. 3. The facts in brief is this that

S GANDHI JEWELLERY PRIVATE LIMITED,INDORE vs. PCIT-1, INDORE, INDORE

Appeal is allowed

ITA 311/IND/2024[2017-18]Status: DisposedITAT Indore21 Feb 2025AY 2017-18

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year: 2017-18 S. Gandhi Jewellery Pcit-1, Private Limited, Indore C/O Adv. Hitesh Chimnani, बनाम/ Ug-37 Trade Centre, Vs. 18, South Tukoganj, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aamcs1613G Assessee By Shri Hitesh Chimnani, Ar Revenue By Shri Ram Kumar Yadav, Sr. Dr Date Of Hearing 10.02.2025 Date Of Pronouncement 21.02.2025

Section 143(2)Section 143(3)Section 147Section 263

147. Therefore, the order of re- Page 3 of 12 S Gandhi Jewellery Private Limited ITA No. 311/Ind/2024 – AY 2017-18 assessment passed by AO is erroneous-cum-prejudicial to the interest of revenue. The PCIT has also observed that since the section 263 has been amended and Explanation 2 as reproduced below had been introduced therein, the assessment-order

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ITO-2(1), BHOPAL

In the result, appeal for A

ITA 277/IND/2023[2014-15]Status: DisposedITAT Indore30 May 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 143(3)Section 147Section 148Section 271E

reassessment. 2. On the facts and in the circumstances of the case, the honourable CIT(A) was not justified in upholding that the receipt from job work of mixing of rubber at Rs. 34,19,894 was not the business receipts/income and in confirming the same was income from other sources. 3.On the facts and in the circumstances

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ADDL. CIT-RANGE-3, BHOPAL

In the result, appeal for A

ITA 276/IND/2023[2009-10]Status: DisposedITAT Indore30 May 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 143(3)Section 147Section 148Section 271E

reassessment. 2. On the facts and in the circumstances of the case, the honourable CIT(A) was not justified in upholding that the receipt from job work of mixing of rubber at Rs. 34,19,894 was not the business receipts/income and in confirming the same was income from other sources. 3.On the facts and in the circumstances

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ACIT-3(1), BHOPAL

In the result, appeal for A

ITA 275/IND/2023[2008-09]Status: DisposedITAT Indore30 May 2024AY 2008-09

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 143(3)Section 147Section 148Section 271E

reassessment. 2. On the facts and in the circumstances of the case, the honourable CIT(A) was not justified in upholding that the receipt from job work of mixing of rubber at Rs. 34,19,894 was not the business receipts/income and in confirming the same was income from other sources. 3.On the facts and in the circumstances

THE NIMAR EDUCATIONAL SOCIETY,KHANDWA vs. THE CIT (EXEMPTION), BHOPAL, BHOPAL

Appeal is partly allowed

ITA 343/IND/2024[2017-18]Status: DisposedITAT Indore20 Sept 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2017-18 The Nimar Educational Cit(Exemption) , Society, Bhopal बनाम/ Harsud Road, Civil Lines, East Nimar, Vs. Khandwa (Assessee/Appellant) (Revenue/Respondent) Pan: Aabtt1409K Assessee By Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit Dr Date Of Hearing 20.08.2024 Date Of Pronouncement 20.09.2024

Section 10Section 11Section 12ASection 139Section 147Section 148Section 263Section 68

section 263 of the Act on an issue which was not the subject matter of the reassessment of the proceedings. The decision rendered by the Tribunal takes note of the correct legal position and, therefore, does not call for any interference. Page 6 of 11 The Nimar Educational Society, Khandwa ITA No. 343/Ind/2024 – AY 2017-18 [Emphasis supplied] Another decision

ACIT(CENTRAL)-1, INDORE vs. PRAKASH ASPHALTINGS & TOLL HIGHWAYS (INDIA) LTD., MHOW

In the result, assessee’s ITA No

ITA 20/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

reassessment order dated 03.03.2016 under section 143(3) read with section 147 of the Act was without jurisdiction. The appellant prays that the order dated 03.03.2016 under section 143(3) read with section 147 of the Act be quashed as without jurisdiction.” 15. Challenging the order of first-appeal referred to in above paragraph No. 13, the revenue has come

M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD.,INDORE vs. THE ACIT, (CENTRAL)-1, INDORE

In the result, assessee’s ITA No

ITA 283/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

reassessment order dated 03.03.2016 under section 143(3) read with section 147 of the Act was without jurisdiction. The appellant prays that the order dated 03.03.2016 under section 143(3) read with section 147 of the Act be quashed as without jurisdiction.” 15. Challenging the order of first-appeal referred to in above paragraph No. 13, the revenue has come

MS. SANGEETA CHOPRA,UJJAIN vs. THE PR. CIT. UJJAIN, UJJAIN

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

ITA 631/IND/2019[2010-11]Status: DisposedITAT Indore28 Jan 2022AY 2010-11

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Shri S. K. Porwal, CAFor Respondent: Shri P. K. Mitra, CIT DR
Section 133(6)Section 143(3)Section 147Section 147(3)Section 22Section 263Section 54

u/s. 54 of the 6,75,000 6,75,000 Act (Construction at 122, Tilak Path, Mahidpur) Taxable Capital Gain Nil Nil 4. Being satisfied with the documents produced by the assessee and the reply filed by her the deduction under Section 54 as claimed was allowed on 27.10.2016 and the re-assessment under Section 147