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 366,470 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

Issues it is cited on

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

Smt. Kusum Gupta, New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 6633/DEL/2014[2006-07]Status: PendingITAT Delhi06 Apr 2017AY 2006-07

Bench: Shri B.P. Jainassessment Year 2006-07 Smt. Kusum Kapoor, Vs. Ito, Ward-33(4), New 37/8, Ground Floor, Delhi. Old Rajender Nagar, New Delhi. Pan: Ajkpk 0066F (Appellant) (Respondent) Revenue By : S/Shri Kapil Goel & Mukul Gupta, Adv., Assessee(S) By : Ms. Bedobani Chaudhuri, Sr.D.R. सुनवाई क" तारीख/Date Of Hearing : 29/03/2017 घोषणा क" तारीख /Date Of Pronouncement: 06/04/2017 Order This Appeal Of The Assessee Arises From The Order Of Learned Cit(A)- Xxvi, New Delhi Vide Order Dated 27.10.2014 For The Assessment Year 2006-07. 2. The Assessee Is An Individual. The Return Of Income For A.Y. 2006-07 Was Furnished Declaring An Income Of Rs. 2,33,580/- Comprising Of Income From Business, Short Term Capital Gains & Income From Other Sources. An Action Under Section 133A Of The Act Was Conducted In The Case Of The Husband Of The Assessee Sh. Sanjeev Kapoor On 05.12.2005 & On The Basis Of The Information Revealed From The Survey, Notice Under Section 148 Dated 27.02.2013 Was Issued To The Assessee. In The Survey Conducted, An Agreement Pertaining To A Plot In Kundli Measuring 500 2

For Respondent: S/Shri Kapil Goel and Mukul Gupta, Adv
Section 133ASection 147Section 148Section 292CSection 3

…dence or conclusion. The function of the AO is to administerthe statute with solicitude for the public exchequer with an in- built' idea offairness to taxpayers. As observed by the Delhi High Court in Central ProvincesManganese Ore Company. Ltd. v. ITO [1991] 191 ITR 662, for initiation of actionunder section 147(a) (as the provision stood at the relevant time) fulfillment of the two requisite conditions in that regard is essentiet. At that stage, the finaloutcome of the proceeding is not relevant. In other words, ad: the initiation stage what is required is reason to believe, but not the established fact of esca…