Ganga Saran and Sons P. Ltd. v. ITO

130 ITR 1Supreme Court of India1981#378 most cited

What is Ganga Saran and Sons P. Ltd. v. ITO authority for?

A mere charge of bogus expenses, without a specific finding that the assessee failed to disclose material facts, is insufficient to justify reassessment beyond four years under the first proviso to Section 147. Courts can examine the materiality and relevance of facts forming the 'reason to believe' for initiating reassessment, ensuring it is based on reasonable grounds.

234

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2007 to 2026.

Also referred to as

Ganga Saran and Sons P. Ltd. v. ITO · Section 147 · Section 148 · first proviso to section 147 · reason to believe · income escaping assessment · material facts disclosure · bogus expenses · reassessment beyond four years · judicial review of reasons

Sections most often in play

Section 147Section 148Section 143(3)Section 151Section 139(1)Section 142(1)Section 133ASection 144

Issues it is cited on

true and full disclosurefirst proviso to section 147material facts necessary for assessmentsection 148(2)kelvinatorlive linkmere change of opinionfresh tangible materialsection 151(1)sanctioning authoritybeyond four yearsincome escaping assessment

Judgments citing Ganga Saran and Sons P. Ltd. v. ITO

Addl. CIT, New Delhi vs. M/S. Ircon International Ltd., New Delhi

In the result, the appeal of the Revenue is accordingly dismissed

ITA 3768/DEL/2017[2009-10]Status: DisposedITAT Delhi22 Jan 2021AY 2009-10

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

Section 143(3)Section 148

…is founded and not merely a belief in the existence of reasons inducing the belief. Such a belief may not be based merely on reasons but it must be founded on information. As was observed in Ganga Saran & Sons (P) Ltd. vs. ITO (1981) 22 CTR (SC) 112 : (1981) 130 ITR 1 (SC) : TC 51R.639, expression "reasons to believe" is stronger than the expression "is satisfied". Belief entertained by the AO should not be irrational and arbitrary. To put it differently, it must be reasonable and must be based on reasons which are material. In S. Narayanappa vs. CIT (1967) 63 ITR 219 (SC) : TC 51R.651 it was noted by the apex C…

M/S. Ue Development India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 7(1)(1), Bangalore

In the result, the ITA No

ITA 2381/BANG/2019[2011-12]Status: DisposedITAT Bangalore09 Dec 2020AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Sharath Rao, C.AFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 139Section 142(1)Section 143(3)Section 147Section 148

…CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case of Fibres and Fabrics International (P.) Ltd. Vs. DCIT 83 Taxman.com 35; NYK Line India Ltd. Vs. DCIT 28 taxmann.com 229 (Bom); CIT Vs. Srusti Diam 57 taxmann.com 392 (Bom); Debashu Services (P) Ltd. Vs. DCIT 49 taxmann.com 41 (Bom) and Rabo India Finance Ltd. Vs. DCIT 26 taxmann.com 122 (Bom…

ACIT, Central Circle - 4(3), Kolkata vs. M/S. Grd Commodities Ltd., Kolkata

In the result, the appeals of the Revenue are dismissed and the cross objections of assessee are allowed

ITA 2277/KOL/2018[2014-15]Status: DisposedITAT Kolkata04 Dec 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

Section 132Section 133ASection 143Section 143(3)Section 147Section 148Section 153A

…asons on which the belief is founded and not merely a belief in the existence of reasons inducing the belief. Such a belief may not be based merely on reasons but it must be founded on information. As was observed in Ganga Saran and Sons P. Ltd. v. ITO [1981] 130 ITR 1 (SC), the expression "reason to believe" is stronger than the expression "is satisfied". The belief entertained by the Assessing Officer should not be irrational and arbitrary. To put it differently, it must be reasonable and must be based on reasons which are material. In S.Narayanappa v. CIT [1967] 63 ITR 219, it was noted by the apex court that…

DCIT, Central Circle - 1(1), Kolkata vs. M/S. Alembic Merchants Pvt. Ltd., Kolkata

In the result, the appeal of revenue fails

ITA 1826/KOL/2018[2009-10]Status: DisposedITAT Kolkata20 Nov 2020AY 2009-10

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2009-10 Dcit, Central Cir-1(1), Kolkata Vs. M/S. Alembic Merchants Pvt. Ltd Pan: Aacca 0918Q Appellant Respondent

Section 142(1)Section 147Section 148Section 153(2)Section 68

…. Even if there is foundation based on information there must be some reason warrant holding the belief that income chargeable to tax has escaped assessment. It has to be kept in mind that the Hon’ble Supreme Court in Ganga Saran & Sons P. Ltd. Vs. ITO (1981) 130 ITR 1 (SC) held that the expression “reason to believe” occurring in sec. 147 “is stronger” than the expression “if satisfied” and such requirement has to be met by the AO in the reasons recorded before usurping the jurisdiction u/s. 147 of the Act. It must also be kept in mind that information adverse against the assessee may trigger “reason to suspect”…

M/S Navodaya Grama Vikas Charitable Trust, Mangalore vs. The Assistant Commissioner of Income Tax (Exemptions) Circle-1, Mangalore

In the result, both the appeals of the assessee are allowed

ITA 553/BANG/2018[2014-15]Status: DisposedITAT Bangalore16 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri V.Srinivasan, AdvocateFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 143Section 143(3)Section 147Section 148Section 151

…to tax has escaped assessment. This live link must also be apparent from the reading of the reasons recording. The Ld. AR placed reliance on the ratio of the following decisions: 1) M/s. Calcutta Discount Co. reported in 41 ITR 191[SC] Gangasaran reported in 130 ITR 1 [2] Chuharma( Rajpal reported in 79 ITR 603[SC] [3] Lakhmani Mewat Das reported in 103 ITR 437 (SC) [4] 7 The Ld. AR submitted that the concept of live-link as explained by the Supreme Court in the case of CIT. Vs. Lakhmani Mewat Das reported in 103 ITR 437 wherein it was held that the reasons set out by the A.O. to the belief that income has esca…

M/S.Navodaya Grama Vikas Charitable Trust, Mangalore vs. The Assistant Commissioner of Income Tax (Exemptions) Circle-1, Mangalore

In the result, both the appeals of the assessee are allowed

ITA 552/BANG/2018[2009-10]Status: DisposedITAT Bangalore16 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri V.Srinivasan, AdvocateFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 143Section 143(3)Section 147Section 148Section 151

…to tax has escaped assessment. This live link must also be apparent from the reading of the reasons recording. The Ld. AR placed reliance on the ratio of the following decisions: 1) M/s. Calcutta Discount Co. reported in 41 ITR 191[SC] Gangasaran reported in 130 ITR 1 [2] Chuharma( Rajpal reported in 79 ITR 603[SC] [3] Lakhmani Mewat Das reported in 103 ITR 437 (SC) [4] 7 The Ld. AR submitted that the concept of live-link as explained by the Supreme Court in the case of CIT. Vs. Lakhmani Mewat Das reported in 103 ITR 437 wherein it was held that the reasons set out by the A.O. to the belief that income has esca…

Tata Advanced Materials Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-12(4), Bangalore

In the result, the ITA No

ITA 2182/BANG/2018[2008-09]Status: DisposedITAT Bangalore28 Sept 2020AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Sharath Rao, C.AFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 139Section 142(1)Section 143(3)Section 147Section 148

…CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case of Fibres and Fabrics International (P.) Ltd. Vs. DCIT 83 Taxman.com 35; NYK Line India Ltd. Vs. DCIT 28 taxmann.com 229 (Bom); CIT Vs. Srusti Diam 57 taxmann.com 392 (Bom); Debashu Services (P) Ltd. Vs. DCIT 49 taxmann.com 41 (Bom) and Rabo India Finance Ltd. Vs. DCIT 26 taxmann.com 122 (Bom…

M/S Tata Advanced Materials Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-12(4), Bangalore

In the result, the ITA No

ITA 2181/BANG/2018[2005-06]Status: DisposedITAT Bangalore28 Sept 2020AY 2005-06

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Sharath Rao, C.AFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 139Section 142(1)Section 143(3)Section 147Section 148

…CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case of Fibres and Fabrics International (P.) Ltd. Vs. DCIT 83 Taxman.com 35; NYK Line India Ltd. Vs. DCIT 28 taxmann.com 229 (Bom); CIT Vs. Srusti Diam 57 taxmann.com 392 (Bom); Debashu Services (P) Ltd. Vs. DCIT 49 taxmann.com 41 (Bom) and Rabo India Finance Ltd. Vs. DCIT 26 taxmann.com 122 (Bom…

A.C.I.T., Central Circle-4(2), Kolkata vs. Smt. Madhu Neotia, Kolkata

In the result, both the appeals of the Revenue are dismissed

ITA 2144/KOL/2019[2006-07]Status: DisposedITAT Kolkata14 Aug 2020AY 2006-07

Bench: Shri P.M. Jagtap, Hon’Ble(Kz) & Shri S. S. Godara, Hon’Ble] [Through Virtual Court]

Section 147Section 148Section 14A

…if there is foundation based on information, still there must be some reason warrant holding the belief that income chargeable to tax has escaped assessment. It has to be kept in mind that the Hon’ble Supreme Court in Ganga Saran & Sons P. Ltd. Vs. ITO (1981) 130 ITR 1 (SC) held that the expression “reason to believe” occurring in sec. 147 “is stronger” than the expression “if satisfied” and such requirement has to be met by the AO in the reasons recorded before usurping the jurisdiction u/s. 147 of the Act. We note that before the AO assumes jurisdiction to re-open it is necessary that the conditions laid down i…

A.C.I.T., Central Circle-4(2), Kolkata vs. Shri Harsh Vardhan Neotia, Kolkata

In the result, both the appeals of the Revenue are dismissed

ITA 2143/KOL/2019[2006-07]Status: DisposedITAT Kolkata14 Aug 2020AY 2006-07

Bench: Shri P.M. Jagtap, Hon’Ble(Kz) & Shri S. S. Godara, Hon’Ble] [Through Virtual Court]

Section 147Section 148Section 14A

…if there is foundation based on information, still there must be some reason warrant holding the belief that income chargeable to tax has escaped assessment. It has to be kept in mind that the Hon’ble Supreme Court in Ganga Saran & Sons P. Ltd. Vs. ITO (1981) 130 ITR 1 (SC) held that the expression “reason to believe” occurring in sec. 147 “is stronger” than the expression “if satisfied” and such requirement has to be met by the AO in the reasons recorded before usurping the jurisdiction u/s. 147 of the Act. We note that before the AO assumes jurisdiction to re-open it is necessary that the conditions laid down i…

DCIT (Ltu), New Delhi vs. M/S. Gail (India) Ltd., New Delhi

Accordingly, we dismiss the appeal filed by the ld AO on the limited issue that order passed by the ld AO is barred by limitation. Ground No. 1 is dismissed

ITA 6079/DEL/2016[2006-07]Status: DisposedITAT Delhi21 Jul 2020AY 2006-07

Bench: Shri Amit Shukla & Shri Prashant Maharishidcit(Ltu), Vs. M/S. Gail (India) Ltd, Circle-1, 16, Bhikaji Cama Place, Nbcc Plaza Pusp Vihar, Rk Puram, New Delhi New Delhi (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Sunita Singh, CIT DR
Section 143(3)Section 147Section 148Section 14ASection 263

…an 11 (Del) 38. Atma Ram Properties Pvt. Ltd. 343 ITR 141 (DEL) 39. Satnam Overseas. 228 CTR 121 (Del) 40. Ashok Mittal, 224 Taxman 55 (Del) 41. Orient Craft Ltd. 354 ITR 536 (Del) 42. Sheo Nath Singh. 82 ITR 148 (SC) document1 43. Ganga Saran & Sons (P) Ltd, 130 ITR 1. 11 (SC) 44. Birla VXL, 217 ITR 1 (Gujrat) 45. Multiscreen Media (P) Ltd. 324 ITR 54 (Bombay) 46. Garden Finance Limited, 268 ITR 48(Guj) 47. Kamlesh Sharma, 287 ITR 337 (Del) 48. Allana Cold Storage Ltd.. Vs. ITO 287 ITR 1 (Bom) 49. Asian Paints Limited, 296 ITR 90 (Bom) 50. Keshav Shares and Stocks Ltd, 326 ITR 553(Del) 51. Vishwanath Engineers,…

M/S. Ganpat Pannalal, Harda vs. ITO-1 Harda, Harda

Appeal is allowed

ITA 756/IND/2019[2007-08]Status: DisposedITAT Indore18 May 2020AY 2007-08

Bench: Shri Kul Bharatassessment Year: 2007-08

Section 143(3)Section 147Section 148Section 234BSection 271(1)(c)Section 40Section 80Section 80I

…sary for assessment. The reopening is beyond 4 years and it attracts the 1st Proviso to Sec 147. Thereby making the reassessment invalid. In this behalf, the following observation of the Supreme Court in the judgment Ganga Saran and Sons P. Ltd. v. ITO [1981J 130 ITR 1 will be relevant (page 11) : . "The court, of course, cannot investigate into the adequacy or sufficiency of the reasons which have 6 [ITA No.756/Ind/2019] [Ganpat Pannalal ] weighed with the Income-tax Officer in coming to the belief, but the court can certainly examine whether the reasons are relevant and have a bearing on the matters in regard…

Satya Narayan Choudhary, Udaipur vs. DCIT, Central Circle-1, Udaipur

In the result, appeal of the assessee is allowed in part

ITA 392/JODH/2019[2017-18]Status: DisposedITAT Jodhpur19 Mar 2020AY 2017-18

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

Section 115BSection 139Section 143(3)Section 69Section 69A

…reliance is placed on the following case laws :- Sarwan Singh Rattan Singh v/s State of Punjab (1975) AIR 1957 SC 637 Kishore Dass v/s RamGopal (1979) AIR 1979 SC 861 ACIT v/s Satya Narayan Aggarwala 255 ITR 69 KOL Ganga Saran & Sons (P) Ltd. Vs ITO (1981) 130 ITR 1 (SC), ITO Vs Nawab Mir Barkat AU Khan Bahadur (1974) 97 ITR 239 (SC) 11 ITA 266 & 392/Jodh/2019 Satya Nr. Choudhary Vs ACIT Belief should not be arbitrary or irrational but based on relevant and material reasons. 14. No incriminating material as to alleged undisclosed investment in construction activity was found during the course of search in ca…

Satya Narayan Choudhary, Udaipur vs. ACIT, Central Circle-1, Udaipur

In the result, appeal of the assessee is allowed in part

ITA 266/JODH/2019[2012-13]Status: DisposedITAT Jodhpur19 Mar 2020AY 2012-13

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

Section 115BSection 139Section 143(3)Section 69Section 69A

…reliance is placed on the following case laws :- Sarwan Singh Rattan Singh v/s State of Punjab (1975) AIR 1957 SC 637 Kishore Dass v/s RamGopal (1979) AIR 1979 SC 861 ACIT v/s Satya Narayan Aggarwala 255 ITR 69 KOL Ganga Saran & Sons (P) Ltd. Vs ITO (1981) 130 ITR 1 (SC), ITO Vs Nawab Mir Barkat AU Khan Bahadur (1974) 97 ITR 239 (SC) 11 ITA 266 & 392/Jodh/2019 Satya Nr. Choudhary Vs ACIT Belief should not be arbitrary or irrational but based on relevant and material reasons. 14. No incriminating material as to alleged undisclosed investment in construction activity was found during the course of search in ca…

Subodh Chandra Das, Hooghly vs. I.T.O., Ward-23(3), Hooghly

In the result, both the appeals of the assessee are allowed

ITA 2247/KOL/2019[2012-13]Status: DisposedITAT Kolkata04 Mar 2020AY 2012-13

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Ita No. 2246 & 2247/Kol/2019 Assessment Years: 2011-12 & 2012-13

Section 147Section 148Section 250Section 68

…et aside and the impugned notice d the impugned notice quashed. 11. The Hon’ble Supreme Court in the case of The Hon’ble Supreme Court in the case of Ganga Saran & Sons (P.) Ltd. v. Income Ganga Saran & Sons (P.) Ltd. v. Income- tax Officer reported in [1981] 130 ITR 1 (SC) [1981] 130 ITR 1 (SC) held as follows:- “The amount of remuneration paid to D was not without consideration; in The amount of remuneration paid to D was not without consideration; in fact, it was paid fact, it was paid for valuable services rendered by D in solely managing the business of the Delhi branch of for valuable services rendered by D…

Subodh Chandra Das, Hooghly vs. I.T.O., Ward-23(3), Hooghly

In the result, both the appeals of the assessee are allowed

ITA 2246/KOL/2019[2011-12]Status: DisposedITAT Kolkata04 Mar 2020AY 2011-12

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Ita No. 2246 & 2247/Kol/2019 Assessment Years: 2011-12 & 2012-13

Section 147Section 148Section 250Section 68

…et aside and the impugned notice d the impugned notice quashed. 11. The Hon’ble Supreme Court in the case of The Hon’ble Supreme Court in the case of Ganga Saran & Sons (P.) Ltd. v. Income Ganga Saran & Sons (P.) Ltd. v. Income- tax Officer reported in [1981] 130 ITR 1 (SC) [1981] 130 ITR 1 (SC) held as follows:- “The amount of remuneration paid to D was not without consideration; in The amount of remuneration paid to D was not without consideration; in fact, it was paid fact, it was paid for valuable services rendered by D in solely managing the business of the Delhi branch of for valuable services rendered by D…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

In the result, the appeals filed by the assessee are allowed

ITA 1764/BANG/2018[2011-12]Status: DisposedITAT Bangalore26 Feb 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…hu Kalamma Trust. "reason to believe is not the same thing as reason to suspect. The Apex court reiterated its view expressed in the case of Sheo Nath Singh v AAC, 82 ITR 147". [iv] The Hon'ble Supreme Court in Ganga Saran and Sons Pvt Ltd vs ITO and Others [130 ITR 1] has reiterated that : "It is well settled as a result of several decisions of this court that two distinct conditions must be satisfied before. the Income-tax Officer can assume jurisdiction to issue notice under s. 147(a). First, he must have reason to believe that the income of the assessee has escaped assessment and, secondly, he must have rea…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

In the result, the appeals filed by the assessee are allowed

ITA 1763/BANG/2018[2010-11]Status: DisposedITAT Bangalore26 Feb 2020AY 2010-11

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…hu Kalamma Trust. "reason to believe is not the same thing as reason to suspect. The Apex court reiterated its view expressed in the case of Sheo Nath Singh v AAC, 82 ITR 147". [iv] The Hon'ble Supreme Court in Ganga Saran and Sons Pvt Ltd vs ITO and Others [130 ITR 1] has reiterated that : "It is well settled as a result of several decisions of this court that two distinct conditions must be satisfied before. the Income-tax Officer can assume jurisdiction to issue notice under s. 147(a). First, he must have reason to believe that the income of the assessee has escaped assessment and, secondly, he must have rea…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

In the result, the appeals filed by the assessee are allowed

ITA 1762/BANG/2018[2009-10]Status: DisposedITAT Bangalore26 Feb 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…hu Kalamma Trust. "reason to believe is not the same thing as reason to suspect. The Apex court reiterated its view expressed in the case of Sheo Nath Singh v AAC, 82 ITR 147". [iv] The Hon'ble Supreme Court in Ganga Saran and Sons Pvt Ltd vs ITO and Others [130 ITR 1] has reiterated that : "It is well settled as a result of several decisions of this court that two distinct conditions must be satisfied before. the Income-tax Officer can assume jurisdiction to issue notice under s. 147(a). First, he must have reason to believe that the income of the assessee has escaped assessment and, secondly, he must have rea…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

In the result, the appeals filed by the assessee are allowed

ITA 1766/BANG/2018[2013-14]Status: DisposedITAT Bangalore26 Feb 2020AY 2013-14

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…hu Kalamma Trust. "reason to believe is not the same thing as reason to suspect. The Apex court reiterated its view expressed in the case of Sheo Nath Singh v AAC, 82 ITR 147". [iv] The Hon'ble Supreme Court in Ganga Saran and Sons Pvt Ltd vs ITO and Others [130 ITR 1] has reiterated that : "It is well settled as a result of several decisions of this court that two distinct conditions must be satisfied before. the Income-tax Officer can assume jurisdiction to issue notice under s. 147(a). First, he must have reason to believe that the income of the assessee has escaped assessment and, secondly, he must have rea…