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No Fresh Material, No Reassessment: ITAT Quashes Section 148 Notice

Case Law Details

TaxGuru Citation
2025 taxguru.in 12311
Case Name
Balakumar Radhakrishna Vs DCIT (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Balakumar Radhakrishna Vs DCIT (ITAT Chennai)

AO Cannot Revisit Old Figures—Change of Opinion Dooms Reassessment -No Fresh Material, No Reopening: ITAT Quashes 148 as Pure Review

Assessee filed return for AY 2014-15 declaring income of Rs.5,94,710, which was accepted u/s 143(3) on 22.09.2016. AO later reopened assessment by issuing notice u/s 148 on 18.03.2019 alleging incorrect computation of LTCG, stating that Assessee wrongly applied full purchase value instead of 1/7th share for indexed cost. Tribunal noted from the recorded reasons   that reopening was entirely based on the same material already on record during original scrutiny & no fresh tangible material had emerged thereafter.

Relying on TANMAC India, Indian Syntans Investments, Orient Craft Ltd and Kelvinator, Tribunal held that reopening cannot be used as a tool for review, that “change of opinion” is an in-built safeguard, & reassessment must be founded on new tangible material. Since AO merely revisited a concluded issue from the original assessment, the notice issued u/s 148 was held invalid, & the reassessment order dated 12.12.2019 was quashed in full. Grounds on merits were left open as academic.

FULL TEXT OF THE ORDER OF ITAT CHENNAI

This appeal filed by the assessee is directed against the order of the Addl/JCIT(A) order dated 04.08.2025 passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2014-15.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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