Central Provinces Manganese Ore Co. Ltd. v. ITO

191 ITR 662Supreme Court of India1991#464 most cited

What is Central Provinces Manganese Ore Co. Ltd. v. ITO authority for?

For the initiation of reassessment proceedings under section 147(a), it is essential to have 'reason to believe' that income has escaped assessment, based on relevant material. The AO's subjective satisfaction and the final outcome of the proceedings are not relevant at the initiation stage.

200

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2010 to 2025.

Also referred to as

Central Provinces Manganese Ore Co. Ltd. v. ITO · Section 147(a) · Section 148 · reason to believe · escapement of income · initiation of reassessment · relevant material · subjective satisfaction · change of opinion

Also reported as

59 Taxmann 17

Sections most often in play

Section 147Section 148Section 143(3)Section 142(1)Section 151Section 133(6)Section 68Section 115JB
Read the full judgment

Issues it is cited on

section 147(a)full and true disclosurematerial facts necessary for assessmentlive linkincome escaping assessmentescapement of incomereason to believemere change of opinionchange of opiniontangible materialkelvinatorviolation of natural justice

Judgments citing Central Provinces Manganese Ore Co. Ltd. v. ITO

Empee Holdings Ltd., Chennai vs. DCIT, Chennai

ITA 1503/CHNY/2014[2005-06]Status: DisposedITAT Chennai07 Nov 2019AY 2005-06

Bench: Shri George Mathan & Shri Ramit Kochar

Section 143(3)Section 147Section 148Section 2(22)(e)

…r conclusion. The function of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. v. ITO [1991] 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfilment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of e…

ITO, New Delhi vs. M/S. Kvf Securities (P) Ltd., New Delhi

In the result, Cross-Objection of the Assessee allowed and appeal of Revenue dismissed

ITA 5731/DEL/2014[2003-04]Status: DisposedITAT Delhi01 Nov 2019AY 2003-04

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: And Shri Himanshu Aggarwal, CAFor Respondent: Shri Deepak Garg, Sr. D.R
Section 131Section 143(1)Section 147Section 148Section 68

…ssessment is justified. The Ld. D.R. relied upon following decisions : i. Judgment of Hon’ble Supreme Court in the case of ACIT vs., Rajesh Jhaveri Stock Brokers Pvt. Ltd., [2007] 291 ITR 500 (SC). ii. Central Provindes Manganese Ore Co. Ltd., vs. JTO [1991] 191 ITR 662 (SC) iii. Raymond Woollen Mills Ltd., vs. ITO [1999] 236 ITR 34 (SC) iv. Phool Chand Bajrang Lal vs., ITO [1003] 203 ITR 456 (SC) v. Calcutta Discount Co., Ltd., vs. ITO [1961] 41 ITR 191 (SC). 8.1. The Ld. D.R, therefore, submitted that reopening of the assessment is justified in the matter. 9. We have considered the rival submissions. It is w…

Sterling Jewels Pvt. Ltd., Mumbai vs. ACIT 5(3)(2), Mumbai

In the result, appeal filed by the assessee for AY 2009-10 is dismissed

ITA 6154/MUM/2016[2009-10]Status: DisposedITAT Mumbai03 Oct 2019AY 2009-10

Bench: Shri G. Manjunatha & Shri Ram Lal Negiita No.6154, 6155, 6156, 6157 & 6158/Mum/2016 (Assessment Years: 2009-10, 2010-11, 2011-12, 2012-13 & 2013-14) Sterling Jewels Pvt.Ltd. Vs. Acit-5(3)(2) 208, A-Z Industrial Estate 460, Aaykar Bhawan Ganpatrao Kadam Marg M.K.Road, Churchgate Lower Parel (W) Mumbai-400 020 Mumbai-400 013 Pan/Gir No.Aajcs3316D (Appellant) .. (Respondent)

Section 143(1)Section 143(3)Section 147Section 69C

…cast iron case of escapement of income. Similarly views were also expressed in the following cases, 1. High Court of Delhi in the case of Mahanagar Telephone Nigam Ltd. (2000) 112 Taxman 337 2. SC in the case of Central Provinces Manganese Ore co Ltd. (1991) 191 ITR 662 3. SC in the case of Selected Dalurband Coal Co P Ltd (1996) 217 ITR 597 (xi) The Hon’ble High court of Bombay in the recent decisions in the following cases while dealing with bogus purchases/loans issues has ruled that the initiation of reassessment proceedings on the basis of survey operations is held valid even though there was scrutiny u/s 1…

Sea Linkers P.Ltd, Mumbai vs. ACIT 8(1)(2), Mumbai

In the result, appeal of the assessee in ITA no

ITA 2297/MUM/2017[2010-11]Status: DisposedITAT Mumbai03 Jul 2019AY 2010-11

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2297/Mum/2017 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ M/S. Sea Linkers Private Acit 8(1)(2), Ltd., Aayakar Bhavan, Bpt, Plot No. 107, M.K Road V. Quay Street, Darukhana, Mumbai-400020 Mumbai-400010 स्थायी ऱेखा सं./ Pan: Aahcs5084N (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Deepak Tralshawala Revenue By: Shri. Manish Kumar Singh,Dr

For Appellant: Shri. Deepak TralshawalaFor Respondent: Shri. Manish Kumar Singh,DR
Section 143(3)

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of e…

Tanaya Gems & Jewellery Exports Ltd, Mumbai vs. DCIT 5(3)(2), Mumbai

Accordingly confirm the addition. The ground is dismissed

ITA 3196/MUM/2017[2007-08]Status: DisposedITAT Mumbai24 Jun 2019AY 2007-08

Bench: Hon’Ble Sh. Sandeep Gosain, Jm & Hon’Ble Sh. G. Manjunatha, Am आयकरअपीलसं./ I.T.A. No. 3196/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2007-08)

For Appellant: NoneFor Respondent: Shri D. G. Pansari, DR
Section 143(3)Section 234Section 234ASection 271Section 271(1)Section 68

…ces and not a cast iron case of escapement of income. Similar views were taken by the following courts, I.Hiigh Court of Delhi in the case of Mahanagar Telephone Nigam Ltd.(2000)112 Taxman 337 2.SC in the case of Central Provinces Manganese ore co Ltd (1991) 191 ITR 662 3.SC in the case of Selected Dalurband Coal Co P Ltd (1996) 217 ITR 597 (x) The Hon'ble High Court of Bombay in the recent decisions in the following cases while dealing with bogus purchase/loans issues in the case of Praveen Jain group and others has ruled that the initiation of reassessment proceedings on the basis of survey operations is held…

Time Media & Entertainment LLP (Earlier Time Media & Entertainment Private Limited), Mumbai vs. Income Tax Officer 16(1)(5), Mumbai

In the result, the appeal of the assessee in ITA no

ITA 6534/MUM/2017[2010-11]Status: DisposedITAT Mumbai18 Jun 2019AY 2010-11

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6534/Mum/2017 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Time Media & Income Tax Officer- Entertainment Llp (Earlier 16(1)(5) Time Media & R.No. 439, 4 Th Floor, V. Entertainment Private Aayakar Bhavan, Ltd.) M.K Marg, 104, Rachna, V.P Road, Mumbai-400020 Vile Parle (W), Mumbai-400056 स्थायी ऱेखा सं./ Pan: Aaact1581C (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Reepal G. Tralshawala Revenue By: Shri. D.G. Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 28.03.2019 घोषणा की तारीख /Date Of Pronouncement : 18.06.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 6534/Mum/2017, Is Directed Against Appellate Order Dated 31.07.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-4, Mumbai (Hereinafter Called “The Cit(A)”) In Appeal No. Cit(A)-4/It-89/Ito-16(1)(5)/2016-17, For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 30.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2010-11. I.T.A. No.6534/Mum/2017

For Appellant: Shri. Reepal G. TralshawalaFor Respondent: Shri. D.G. Pansari (DR)
Section 143(1)Section 143(2)Section 143(3)

…आयकर अपीऱीय अधिकरण “E” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER आयकर अपीऱ सं./I.T.A. No.6534/Mum/2017 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Time Media & Income Tax Officer- Entertainment LLP (Earlier 16(1)(5) Time Media & R.No. 439, 4 th Floor, v. Entertainment Private Aayakar Bhavan, Ltd.) M.K Marg, 104, Rachna, V.P Road, Mumbai-400020 Vile Parle (W), Mumbai-400056 स्थायी ऱेखा सं./ PAN: AAACT1581C (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee by: Shri. Reepal G. Tralshawal…

M/S. Omega Biotech Ltd., Ghaziabad vs. ITO, New Delhi

The appeal of the assessee is allowed

ITA 2570/DEL/2015[2002-03]Status: DisposedITAT Delhi12 Apr 2019AY 2002-03

Bench: Shri Laliet Kumar & Shri B.R.R.Kumar

For Appellant: Sh. Vinit Kumar Bindal, CA & Ms. SweetyFor Respondent: Shri P.V.Gupta, Sr. DR
Section 143Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘A’ : NEW DELHI) BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI B.R.R.KUMAR, ACCOUNTANT MEMBER ITA No.2570/Del./2015 (ASSESSMENT YEAR : 2002-03) Omega Biotech Ltd. Vs. ITO D-10, Kavi Nagar, Ward-13(4) Industrial Area, Sector-17 Ghaziabad New Delhi PAN : AAACO3488R (APPELLANT) (RESPONDENT) ASSESSEE BY : Sh. Vinit Kumar Bindal, CA & Ms. Sweety Kothari, CA REVENUE BY : Shri P.V.Gupta, Sr. DR Date of Hearing : 11.04.2019 Date of Order : 12 .04.2019 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : This appeal is preferred by the assessee against order date…

Assistant Commissioner of Income Tax 23(1), Mumbai vs. Calvin Properties, Mumbai

ITA 6561/MUM/2017[2011-12]Status: DisposedITAT Mumbai03 Apr 2019AY 2011-12

Bench: Hon’Ble Sh. Sandeep Gosain, Jm & Hon’Ble Sh. N. K. Pradhan, Am आयकरअपीलसं./ I.T.A. No. 6561, 6562 & 6564/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2011-12, 2012-13 & 2013-14)

For Appellant: Shri Abi Rama KarthikeyanFor Respondent: Shri Rajiv Khandelwal, AR
Section 143(1)Section 148Section 68

…t a cast iron case of escapement of income. Similar views were also expressed in the following cases, 1. High Court of Delhi in the case of Mahanagar Telephone Nigam Ltd.(2000)112 Taxman 337 2.SC in the case of Central Provinces Manganese or co. Ltd. (1991) 191 ITR 662 . 3..SC in the case of Selected Dalurbrand Coal Co tj Ltd (1996) 217 ITR 597 (xi) The Hon'ble High Court, of Bombay in the recent decisions in the following cases while dealing with bogus purchase/loans issues has ruled that the initiation of reassessment proceedings on the basis of survey operations, is held valid even though there was scrutiny…

Nand Bhagwandas Motwani, Mumbai vs. Income Tax Officer Ward-2(5), Kalyan

ITA 5855/MUM/2017[2007-08]Status: DisposedITAT Mumbai03 Apr 2019AY 2007-08

Bench: Hon’Ble Sh. Sandeep Gosain, Jm & Hon’Ble Sh. G. Manjunatha, Am आयकरअपीलसं./ I.T.A. No. 5855/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2007-08)

For Appellant: Shri Bhadresh DoshiFor Respondent: Ms. Bharti Singh, DR
Section 143(3)Section 147Section 148

…ed the fact by legal statute with 11 I.T.A. No. 5855/Mum/2017 Nand Bhagwandas Motwani, solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

Sumati Kumar Lunia, Kolkata vs. ITO, Ward - 36(4), Kolkata

Appeal is allowed

ITA 457/KOL/2018[2009-10]Status: DisposedITAT Kolkata28 Feb 2019AY 2009-10

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 457/Kol/2018 Assessment Year : 2009-10 Sumati Kumar Lunia Vs. I.T.O Ward 36(4), Kolkata Pan: Aavpl 7736 M (Appellant) (Respondent)

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(1)(a)Section 147Section 148

…been elucidated and explained in detail as - Information proper - At the time of reopening, assessing officer is not required to establish escapement of income. Sri Krishna (P) Ltd. Vs CIT (SC) 221 ITR 538&Central Provinces Manganese Ore Co. Ltd. Vs ITO (SC) 191 ITR 662. Hon'ble Courts have also held that what is necessary to re-open an assessment is not the final verdict but a prima facie reason - Once such a reason is recorded by the Assessing Authority, he assumes jurisdiction to issue notice u/s148 - Mere fact that for earlier assessment years issue in dispute has been decided by CIT(A) in assessee's favour…

M. Ramaswamy Reddy, Bangalore vs. Assistant Commissioner of Income Tax, Circle 10(1), Bangalore

In the result, these three appeals of the assessee for Assessment Years

ITA 149/BANG/2017[2009 - 10]Status: DisposedITAT Bangalore02 Jan 2019

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K. Gangadhara SastryFor Respondent: Shri M. Vijay Kumar, Addl. CIT (DR)
Section 143(2)Section 143(2)(ii)Section 143(3)Section 144Section 147

…nction of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces in Central Provinces Manganese Ore Co. Ltd. v ITO (1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is 'reason to believe', but not the established fact or…

M. Ramaswamy Reddy, Bangalore vs. Assistant Commissioner of Income Tax, Circle 10(1), Bangalore

In the result, these three appeals of the assessee for Assessment Years

ITA 148/BANG/2017[2008 - 09]Status: DisposedITAT Bangalore02 Jan 2019

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K. Gangadhara SastryFor Respondent: Shri M. Vijay Kumar, Addl. CIT (DR)
Section 143(2)Section 143(2)(ii)Section 143(3)Section 144Section 147

…nction of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces in Central Provinces Manganese Ore Co. Ltd. v ITO (1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is 'reason to believe', but not the established fact or…

M. Ramaswamy Reddy, Bangalore vs. Assistant Commissioner of Income Tax, Circle 10(1), Bangalore

In the result, these three appeals of the assessee for Assessment Years

ITA 147/BANG/2017[2007 - 08]Status: DisposedITAT Bangalore02 Jan 2019

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K. Gangadhara SastryFor Respondent: Shri M. Vijay Kumar, Addl. CIT (DR)
Section 143(2)Section 143(2)(ii)Section 143(3)Section 144Section 147

…nction of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces in Central Provinces Manganese Ore Co. Ltd. v ITO (1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is 'reason to believe', but not the established fact or…

Shri. M.Ramaswamy Reddy (HUF), Bangalore vs. Assistant Commissioner of Income Tax, Bangalore

In the result, these three appeals of the assessee for Assessment Years

ITA 146/BANG/2017[2006-06]Status: DisposedITAT Bangalore02 Jan 2019AY 2006-06

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K. Gangadhara SastryFor Respondent: Shri M. Vijay Kumar, Addl. CIT (DR)
Section 143(2)Section 143(2)(ii)Section 143(3)Section 144Section 147

…nction of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces in Central Provinces Manganese Ore Co. Ltd. v ITO (1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is 'reason to believe', but not the established fact or…

Shri. M.Ramaswamy Reddy (HUF), Bangalore vs. Assistant Commissioner of Income Tax, Bangalore

In the result, these three appeals of the assessee for Assessment Years

ITA 145/BANG/2017[2005-06]Status: DisposedITAT Bangalore02 Jan 2019AY 2005-06

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K. Gangadhara SastryFor Respondent: Shri M. Vijay Kumar, Addl. CIT (DR)
Section 143(2)Section 143(2)(ii)Section 143(3)Section 144Section 147

…nction of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces in Central Provinces Manganese Ore Co. Ltd. v ITO (1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is 'reason to believe', but not the established fact or…

DCIT, New Delhi vs. M/S. Powerlink Transmission Ltd., New Delhi

In the result, both the appeals filed by the Revenue for A

ITA 3870/DEL/2014[2010-11]Status: DisposedITAT Delhi21 Dec 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Sh. Manoneet Dalal, Adv. &For Respondent: Sh. Surender Pal, Sr. DR
Section 143(3)Section 147Section 148Section 36

…conclusion. The function of the Assessing Off leer is to administer the statute with .solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. /. ITO [199!] 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is' essential At that stage, the, final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

DCIT, New Delhi vs. M/S. Powerlink Transmission Ltd., New Delhi

In the result, both the appeals filed by the Revenue for A

ITA 3869/DEL/2014[2007-08]Status: DisposedITAT Delhi21 Dec 2018AY 2007-08

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Sh. Manoneet Dalal, Adv. &For Respondent: Sh. Surender Pal, Sr. DR
Section 143(3)Section 147Section 148Section 36

…conclusion. The function of the Assessing Off leer is to administer the statute with .solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. /. ITO [199!] 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is' essential At that stage, the, final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

Sushil Bansal, New Delhi vs. ACIT, Circle- 57(1), New Delhi

In the result, the appeal is dismissed

ITA 4441/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Oct 2018AY 2013-14

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2013-14

Section 132Section 147Section 148Section 151Section 69C

…r conclusion. The function of the Assessing Officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. v. ITO [19911 191 ITR 662. for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfilment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, 19 what is required is "reason to believe", but not the established fact…

Shri Chandan Dhingadmal Jain, Mumbai vs. Income Tax Officer Ward-19(1)(3), Mumbai

In the result, these appeals filed by the assessee stand dismissed

ITA 1307/MUM/2018[2011-12]Status: DisposedITAT Mumbai17 Oct 2018AY 2011-12

Bench: Shri Shamim Yahya, Am

For Appellant: NoneFor Respondent: Shri S. K. Bepari
Section 133(6)Section 139Section 143(1)Section 143(3)Section 148

…to believe that an income had escaped assessment. The expression cannot be read to mean that the AO should have finally ascertained the fact by legal statute taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…

M/S. Bhansali Metal & Alloys, Mumbai vs. Income Tax Officer Ward 19(1)(2), Mumbai

In the result, these appeals filed by the assessee for A

ITA 4408/MUM/2018[2009-10]Status: DisposedITAT Mumbai05 Oct 2018AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Pawan Singh, Jm

For Appellant: Shri Vimal PunamiyaFor Respondent: Shri Ajay Kumar Keshri

…ead to mean that the AO should have finally ascertained the fact by legal statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. As observed by the Supreme Court in Central Provinces Managnese Ore Co, ltd. v. ITO(1991) 191 ITR 662, for initiation of action under section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essential. At that stage, the final outcome of the proceeding is not relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of…