Section 151 of the Income Tax Act

Income-tax Act, 2025: s.284

Section 151 of the Income-tax Act, 1961 corresponds to section 284 (Sanction for issue of notice) of the Income-tax Act, 2025.

Read section 284 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 151 is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 of the 4,323 judgments on BharatTax that turn on this section.

Leading authorities on Section 151

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.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

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.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

Union of India v. Rajeev Bansal
469 ITR 46 · 2024 · Supreme Court
713
citing judgments

The legal fiction created by the Ashish Agarwal judgment stops the limitation clock for Section 148 notices from the date of the deemed notice. Orders issued without proper jurisdiction, or those inconsistent with statutory prescriptions, are a nullity, and there can be no waiver of such fundamental jurisdictional requirements.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

Pr. CIT v. Saumya Constructions (P.)Ltd.
387 ITR 529 · 2016 · High Court
670
citing judgments

Assessments under Section 153A cannot be sustained without any incriminating material found during the search that substantiates the additions. This principle applies even to completed assessments where no additional income is disclosed.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Judgments on Section 151

Himalaya Distilleries Ltd., Sikkim vs. ITO, WD-3(1), Gangtok, Sikkim

In the result, appeals of the assessee are allowed

ITA 758/KOL/2023[2013-14]Status: DisposedITAT Kolkata05 Jun 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R
Section 10Section 147Section 148Section 250

Himalaya Distilleries Ltd., Sikim vs. ITO, WD-3(1), Gangtok, Sikim

In the result, appeals of the assessee are allowed

ITA 757/KOL/2023[2012-13]Status: DisposedITAT Kolkata05 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R
Section 10Section 147Section 148Section 250

Brentford Merchants Pvt. Ltd., Kolkata vs. ACIT(OSD), Ward-1(4), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 452/KOL/2024[2010-11]Status: DisposedITAT Kolkata30 May 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.452/Kol/2024 Assessment Year: 2010-11 Brentford Merchants Pvt. Ltd...…..………...........…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcb2698B] Vs. Acit(Osd), Ward-1(4), Kolkata…......................................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Prabhakar Prakash Ranjan, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 21, 2024 Date Of Pronouncing The Order : May 30, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. 1. For That The Ld. Cit(A) Was Not Justified In Upholding The Validity Of Re-Opening Proceedings U/S 147/144 Which Is Bad In Law & Is Liable To Be Quashed. 2. For That The Ld. Cit(A) Was Not Justified In Upholding The Re-Opening Proceedings In Spite Of The Fact That The Reasons To Believe Were Invalid & Improper Thereby, Vitiating The Reopening Proceedings.

Section 147Section 151Section 250Section 68