CIT v. Foramer France

264 ITR 566Supreme Court of India2003#335 most cited

What is CIT v. Foramer France authority for?

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

253

judgments rely on this decision, according to BharatTax’s citation analysis of 368,153 Indian tax judgments — from 2010 to 2026.

Also referred to as

CIT v. Foramer France · 264 ITR 566 · Section 147 · Section 148 · reassessment beyond four years · failure to disclose material facts · full and true disclosure · time-barred notice · invalid reopening · mere change of opinion · tangible material · live link

Also reported as

129 Taxmann 72

Sections most often in play

Section 143(3)Section 147Section 148Section 142(1)Section 139Section 143(2)Section 133ASection 143(1)

Issues it is cited on

section 147(1)fresh tangible materialmaterial facts necessary for assessmentfirst proviso to section 147beyond four yearskelvinatormere change of opinionfull and true disclosurelive linkchange of opiniontangible materialshort term capital gains

Judgments citing CIT v. Foramer France

ACIT, Centralc Circle-1, Ranchi vs. Imperial Automobiles Private Limited, Kolkata

In the result, appeal of the revenue stands dismissed

ITA 171/RAN/2023[2012-13]Status: DisposedITAT Ranchi09 Jun 2025AY 2012-13

Bench: BEFORES/SHRI GEORGE MATHAN, JUDICIAL MEMBER AND RATNESH NANDAN SAHAY (Accountant Member)

For Appellant: Shri R.R.Mittal, ARFor Respondent: Smt. Rinku Singh, CIT DR
Section 143(3)Section 147Section 148Section 156Section 288A

…n any violation on the part of the assessee truly and fully P a g e 6 | 8 Assessment Year : 2012-13 discloseall materials facts relevant to his assessment, in view of the proposition laid down by the Hon’le Supreme Court in the case of CIT vs Foramer France,264 ITR 566 (SC) the reopening is liable to be annulled. 6. In reply, ld CIT DR vehemently supported the order of the Assessing Officer. It was the submission that information had been received from the Investigation Wing and on the basis of such information that transaction towhich the assessee has done with the share applicants were bogus, the reopening h…

Shanker Lal, Delhi vs. Income Tax Officer, Ward 36(1) Delhi, Delhi

In the result, the appeal of the assessee is allowed

ITA 3808/DEL/2024[2012-13]Status: DisposedITAT Delhi02 May 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Pradip Kumar Kedia[Assessment Year : 2012-13] Shanker Lal Vs Ito C/O-Sumer Garg & Co. Ward-36(1) 501A, Itl Northex Tower Delhi. A-09, Netaji Subhash Place Pitampura, Delhi-110034 Pan-Abgpl9915J Appellant Respondent Appellant By Shri S.C.Garg, Ca Respondent By Shri Sahil Kumar Bansal, Sr.Dr Date Of Hearing 17.03.2025 Date Of Pronouncement 02.05.2025 Order

Section 147

…threshold, the notice issued under s. 148 of the Act beyond four years is time barred and thus without jurisdiction and hence, bad in law. The legal proposition in this regard is well-settled by a long line of judicial precedents viz: CIT V/s. Foramer France (264 ITR 566) (SC) (b) Hindustan Lever Limited V/s. R.B. Wadkar (268 ITR 332) (Bom) (c) Mercury Travels Limited. Vis. Dy. CIT(258 ITR 533) (Cal) (d) JSRS Udyog Limited & Ors. V/s ITO (313 ITR 321(Del) (e) Bombay Stock Exchange Ltd. V/s. DDIT(E) (361 ITR 160) (Bom) (f) Grindwell Norton Ltd v ACIT (2004) 267 ITR 673 (Bom) (g) Shriram Foundry v DCIT (2012) 350 I…

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Chennai vs. M/S Cholamandalam Investment & Finance Company Ltd, Chennai

In the result, the appeal of the Revenue is partly allowed

ITA 2836/CHNY/2024[2014-15]Status: DisposedITAT Chennai28 Apr 2025AY 2014-15

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Ble

For Appellant: Mr. Ajith Kumar Jain CA & Mr. Kunal Shah, CAFor Respondent: Mr. R. Clement Ramesh Kumar, CIT &
Section 143(3)Section 250Section 43(5)

…Wherein it was held that mere a change on opinion cannot be held as a valid reason for reopening of assessment. In this connection we would like to place reliance on below judicial precedents The Hon'ble Supreme Court in case of CIT v. Foramer - France [2003] 264 ITR 566 (SC) :-24-: ITA. Nos:2613,2732,2820, 2835&2836/Chny/2024 - The Hon’ble Supreme Court in the case of LakhmaniMewal Das (103 ITR 437) The Hon’ble Supreme Court in the case of Sheo Nath Singh - v. Appellate Asstt. CIT [1971] 82 ITR 147 • Lack of analysis during assessment cannot justify reassessment under Section 147: Where it was held that nothin…

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Chennai vs. Cholamandalam Investment and Finance Company Limited, Chennai

In the result, the appeal of the Revenue is partly allowed

ITA 2820/CHNY/2024[2015-16]Status: DisposedITAT Chennai28 Apr 2025AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Ble

For Appellant: Mr. Ajith Kumar Jain CA & Mr. Kunal Shah, CAFor Respondent: Mr. R. Clement Ramesh Kumar, CIT &
Section 143(3)Section 250Section 43(5)

…Wherein it was held that mere a change on opinion cannot be held as a valid reason for reopening of assessment. In this connection we would like to place reliance on below judicial precedents The Hon'ble Supreme Court in case of CIT v. Foramer - France [2003] 264 ITR 566 (SC) :-24-: ITA. Nos:2613,2732,2820, 2835&2836/Chny/2024 - The Hon’ble Supreme Court in the case of LakhmaniMewal Das (103 ITR 437) The Hon’ble Supreme Court in the case of Sheo Nath Singh - v. Appellate Asstt. CIT [1971] 82 ITR 147 • Lack of analysis during assessment cannot justify reassessment under Section 147: Where it was held that nothin…

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

…assessee has failed to disclose fully and truly all material / primary facts necessary for assessment. 12. For this he placed reliance on the following judgements: - Calcutta Discount Co. Ltd. Vs. ITO: [1961] 41 ITR 191 (SC) - CIT Vs. Foramer France: [2003] 264 ITR 566 (SC) - CIT Vs. Motor & General Finance Ltd.: [2009] 184 Taxman 465 (Del) - BLB Limited Vs. ACIT: [2012] 206 Taxman 37 (Del) - D.T. & T.D.C. Ltd. Vs. ACIT: [2010] 232 CTR 260 (Del) - CIT Vs. Maruti Suzuki India Ltd.: [2013] 215 Taxman 494 (Del) - JSRS Udyog Ltd. Vs. ITO: [2009] 313 ITR 321 (Del) - Vatika Ltd. Vs. ITO: [2013] 357 ITR 170 (Del) 13.…

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

…assessee has failed to disclose fully and truly all material / primary facts necessary for assessment. 12. For this he placed reliance on the following judgements: - Calcutta Discount Co. Ltd. Vs. ITO: [1961] 41 ITR 191 (SC) - CIT Vs. Foramer France: [2003] 264 ITR 566 (SC) - CIT Vs. Motor & General Finance Ltd.: [2009] 184 Taxman 465 (Del) - BLB Limited Vs. ACIT: [2012] 206 Taxman 37 (Del) - D.T. & T.D.C. Ltd. Vs. ACIT: [2010] 232 CTR 260 (Del) - CIT Vs. Maruti Suzuki India Ltd.: [2013] 215 Taxman 494 (Del) - JSRS Udyog Ltd. Vs. ITO: [2009] 313 ITR 321 (Del) - Vatika Ltd. Vs. ITO: [2013] 357 ITR 170 (Del) 13.…

M. Natesan, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2765/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

R.Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2697/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

S. Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

ITA 2696/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 133A

…relevant assessment year, unless there is failure on the part of the assessee to disclose fully and truly all facts necessary for his assessment for that assessment year. 21. It is noted that, the Hon'ble Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment completed u/s 143(3) cannot be reopened merely upon change of opinion with reference to facts already available with the AO at the time of regular assessment. In the opinion of the Apex Court, a regular assessment u/s 143(3) could not be reopened after expiry of 4 years from end of assessment year unless e…

S. Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2695/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

K. Paramasivam, Karur vs. ITO, Ward-1, Karur

ITA 2694/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 133A

…relevant assessment year, unless there is failure on the part of the assessee to disclose fully and truly all facts necessary for his assessment for that assessment year. 21. It is noted that, the Hon'ble Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment completed u/s 143(3) cannot be reopened merely upon change of opinion with reference to facts already available with the AO at the time of regular assessment. In the opinion of the Apex Court, a regular assessment u/s 143(3) could not be reopened after expiry of 4 years from end of assessment year unless e…

K. Paramasivam, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2693/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

K. Baskar, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2692/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

K. Baskar, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2691/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

K. Sadasivam, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2690/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

P. Nallusamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2687/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

K. Kathirvel, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2686/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

P. Karunanithi, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2685/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

Ramasamy Palanisamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2591/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…

Ramasamy Palanisamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2590/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…ary for his truly all facts necessary for his assessment for that assessment year. assessment for that assessment year. 21. It is noted that, t It is noted that, the Hon’ble Supreme Court in the case of Supreme Court in the case of CIT Vs. Foramers France (264 ITR 566) has similarly held that, an assessment similarly held that, an assessment Foramers France (264 ITR 566) completed u/s 143(3) cannot be reopened mer completed u/s 143(3) cannot be reopened merely upon change of opinion change of opinion with reference to facts already available with the AO at the time of regular with reference to facts already…