ITO v. Lakhmani Mewal Das

103 ITR 437Supreme Court of India1976#70 most cited

What is ITO v. Lakhmani Mewal Das authority for?

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

721

judgments rely on this decision, according to BharatTax’s citation analysis of 367,735 Indian tax judgments — from 2001 to 2026.

Also referred to as

ITO v. Lakhmani Mewal Das · Section 147 · Section 148 · reason to believe · reassessment · escaped income · failure to disclose material facts · live link · beyond four years · material facts · bogus claim

Also reported as

2 SCC 302153 Taxmann 282

Sections most often in play

Section 147Section 148Section 143(3)Section 151Section 142(1)Section 68Section 250Section 132
Read the full judgment

Issues it is cited on

undisclosed foreign income and assetssection 149(1)(c)section 4(2)section 201(3)section 147(a)section 158basection 150true and full disclosurelive linkunexplained jewellerysection 148(2)beyond four years

Judgments citing ITO v. Lakhmani Mewal Das

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1904/AHD/2019[2016-17]Status: HeardITAT Ahmedabad10 Sept 2024AY 2016-17

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1903/AHD/2019[2009-10]Status: HeardITAT Ahmedabad10 Sept 2024AY 2009-10

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1902/AHD/2019[2008-09]Status: HeardITAT Ahmedabad10 Sept 2024AY 2008-09

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1901/AHD/2019[2007-08]Status: HeardITAT Ahmedabad10 Sept 2024AY 2007-08

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1900/AHD/2019[2006-07]Status: HeardITAT Ahmedabad10 Sept 2024AY 2006-07

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1899/AHD/2019[2005-06]Status: HeardITAT Ahmedabad10 Sept 2024AY 2005-06

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1898/AHD/2019[2004-05]Status: HeardITAT Ahmedabad10 Sept 2024AY 2004-05

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1897/AHD/2019[2003-04]Status: HeardITAT Ahmedabad10 Sept 2024AY 2003-04

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1896/AHD/2019[2002-03]Status: HeardITAT Ahmedabad10 Sept 2024AY 2002-03

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1895/AHD/2019[2001-02]Status: HeardITAT Ahmedabad10 Sept 2024AY 2001-02

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Manjulaben Bipinbhai Patel Legal Heir of Late Bipinbhai P.Patel, Baroda vs. The Dy.CIT. Central Circle-1, Baroda

ITA 1894/AHD/2019[2000-01]Status: HeardITAT Ahmedabad10 Sept 2024AY 2000-01

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…reasons as recorded by the AO. He asserted that sufficiency or correctness of any material cannot be considered at the stage of the notice. In this regard, he relied upon the decision of Hon’ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das, [1976] 103 ITR 437 (SC). As regarding amendment made in Section 149 of the Act vide Finance Act, 2012 w.e.f. 01.07.2012, the Ld. CIT.DR submitted that the said amendment was retrospective in nature. In this regard, he has placed reliance on the Explanation to Section 149 of the Act as well as Memorandum of the Finance Bill, 2012. He further submitted that the decis…

Dy. Commissioner of Income Tax, Mumbai, DCIT Circle, Aaykar Bhavan vs. Svc Co-Operative Bank Limited

ITA 691/MUM/2024[2010]Status: DisposedITAT Mumbai09 Sept 2024

Bench: Smt. Kavitha Rajgopal & Shri Gagan Goyal

For Appellant: Respondent byFor Respondent: Ms. Rajeshwari Menon, Ld. DR
Section 143(2)Section 143(3)Section 147Section 148Section 151(1)Section 250Section 36(1)Section 36(1)(viia)Section 36(1)(viii)

…came to the conclusion that while the duty of the assessee is to disclose fully and truly all primary facts, it does not extend beyond this. This position has been reiterated in subsequent decisions by this court including in ITO v. Lakhmani Mewal Das [(1976) 103 ITR 437 (SC); (1976) 3 SCC 757.] . The expression “reason to believe” has also been explained to mean reasons deducible from the materials on record and which have a live link to the formation of the belief that income chargeable to tax has escaped assessment. Such reasons must be based on material and specific information obtained subsequently and not o…

Balram Chainrai, Mumbai vs. Int Tax, Ward 2(1)(1), Mumbai

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

ITA 2267/MUM/2024[2016-17]Status: DisposedITAT Mumbai27 Aug 2024AY 2016-17

Bench: Ms Padmavathy S, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Shri Ravikant Pathak, ARFor Respondent: Shri Anil Sant, Addl. CIT-DR
Section 144BSection 147Section 148Section 153Section 271(1)(c)

…lose nexus should be there between the information before the ITO and the belief which he has to prima facie form an opinion regarding the escapement of the income of the assessee. The relevant paragraphs of ITO vs Lakhmani Mewal Das 1976 CTR (SC) 220: (1976) 103 ITR 437 (SC) read as under: "As stated earlier, the reasons for the formation of the belief must have a rational connection with or relevant bearing on the formation of the belief. Rational connection postulates that there must be a direct nexus or live link truly all material facts. It is no doubt true that the Court cannot go into the sufficiency or ad…

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 759/KOL/2022[2013-2014]Status: DisposedITAT Kolkata26 Aug 2024AY 2013-2014

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

…itrary and unsustainable in law. 9. The believe towards escapement in the instant case is only pretense and a mere doubt and suspicion towards probable escapement though worded as ‘reasonable to believe’. The Hon’ble Supreme Court in Lakhmani Mewal Das (1976) 103 ITR 437 (SC) has underscored that the word of the statute ‘reason to I.T.A. No.2698/Del/2018 6 believe’ are not ‘reason to suspect’. The vague feeling or suspicion of the Assessing Officer towards possible escapement would not permit to reopen a completed assessment in defiance of statutory requirement of substantial nature. The notice issued under Secti…

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 758/KOL/2022[2012-2013]Status: DisposedITAT Kolkata26 Aug 2024AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

…itrary and unsustainable in law. 9. The believe towards escapement in the instant case is only pretense and a mere doubt and suspicion towards probable escapement though worded as ‘reasonable to believe’. The Hon’ble Supreme Court in Lakhmani Mewal Das (1976) 103 ITR 437 (SC) has underscored that the word of the statute ‘reason to I.T.A. No.2698/Del/2018 6 believe’ are not ‘reason to suspect’. The vague feeling or suspicion of the Assessing Officer towards possible escapement would not permit to reopen a completed assessment in defiance of statutory requirement of substantial nature. The notice issued under Secti…

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 757/KOL/2022[2011-2012]Status: DisposedITAT Kolkata26 Aug 2024AY 2011-2012

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

…itrary and unsustainable in law. 9. The believe towards escapement in the instant case is only pretense and a mere doubt and suspicion towards probable escapement though worded as ‘reasonable to believe’. The Hon’ble Supreme Court in Lakhmani Mewal Das (1976) 103 ITR 437 (SC) has underscored that the word of the statute ‘reason to I.T.A. No.2698/Del/2018 6 believe’ are not ‘reason to suspect’. The vague feeling or suspicion of the Assessing Officer towards possible escapement would not permit to reopen a completed assessment in defiance of statutory requirement of substantial nature. The notice issued under Secti…

Krishna Murthy Ella, Hyderabad vs. DCIT-Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 585/HYD/2023[2014-15]Status: DisposedITAT Hyderabad14 Aug 2024AY 2014-15

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.585/Hyd/2023 & Sa No.10/Hyd/2024 (Arising Out Of Ita No.585/Hyd/2023) (िनधा"रण वष"/Assessment Year: 2014-15) Shri Krishna Murthy Ella Vs. Dy. C. I. T. Hyderabad Circle 1(2) Pan:Aacpe6389G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 18/07/2024 घोषणा की तारीख/Pronouncement: 14/08/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Smt. Sheetal Sarin, DR
Section 147Section 148Section 56(2)(vii)

…f mind by the Assessing Officer to tangible material and formation of reasons to believe that income had escaped assessment, the re-assessment was not justified. The hon Supreme Court in the case of Income Tax Officer vs. Lakhmani Mewal Das reported in (1976) 103 ITR 437 (S.C) held that live link or close nexus which should be there between the material before the Income Tax Officer and the belief which he was to form regarding escapement of income of the assessee from assessment because of the latter’s failure or omission to disclose fully and truly all material facts necessary for assessment. 15. In this case…

Sonam Raj, New Delhi vs. ITO, Ward-6(2), Patna

In the result, both the appeals are treated as allowed for statistical purposes

ITA 3/PAT/2022[2016-17]Status: DisposedITAT Patna12 Aug 2024AY 2016-17

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.02/Pat/2022 Assessment Years: 2015-16 Vibhuti Bhushan Sinha………………………….....…...……………....Appellant C-601, Shivam Apartment, Virmeshwar Nagar, Dwarka, Gujrat-361335. [Pan: Aigps7118D] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent I.T.A. No.03/Pat/2022 Assessment Years: 2016-17 Sonam Raj…………..………………………….....…...……………....Appellant W/O Shri Deepak Verma, 2Nd Floor, House No.101, Pocket-52, Chittaranjan Park, New Delhi – 110019. [Pan: Dfsps6397E] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent Appearances By: Shri Sudipta Sannigrahi, Ca, Appeared On Behalf Of The Appellant. Shri Sushil Kr. Mishra, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 28, 2024 Date Of Pronouncing The Order : August 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By Two Different Assessees Against The Separate Orders Dated 30.04.2021 & 01.03.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To

Section 144Section 147Section 148Section 250

…aj 6. For that, on the fact & circumstances of the case, the learned Assessing Officer's reason to believe is based on his own suspicion and suspect and not enough to form belief for the purpose of action U/s. 147 [Citation: ITO VS. Lakhmani Mewal Das (1976) 3 ITR 437 (SC)L Therefore. the assessment U/s. 144/147 is ab-initio void assessment or a nullity for want of valid jurisdiction. 7. For that, on the fact & circumstances of the case, the learned Assessing Officer was absolutely wrong in determining the taxation of long term capital gain on the presumption of deemed transfer of 55% of the land in favour of th…

Vibhuti Bhushan Sinha, Dwarka vs. ITO, Ward-6(2), Patna

In the result, both the appeals are treated as allowed for statistical purposes

ITA 2/PAT/2022[2015-16]Status: DisposedITAT Patna12 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.02/Pat/2022 Assessment Years: 2015-16 Vibhuti Bhushan Sinha………………………….....…...……………....Appellant C-601, Shivam Apartment, Virmeshwar Nagar, Dwarka, Gujrat-361335. [Pan: Aigps7118D] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent I.T.A. No.03/Pat/2022 Assessment Years: 2016-17 Sonam Raj…………..………………………….....…...……………....Appellant W/O Shri Deepak Verma, 2Nd Floor, House No.101, Pocket-52, Chittaranjan Park, New Delhi – 110019. [Pan: Dfsps6397E] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent Appearances By: Shri Sudipta Sannigrahi, Ca, Appeared On Behalf Of The Appellant. Shri Sushil Kr. Mishra, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 28, 2024 Date Of Pronouncing The Order : August 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By Two Different Assessees Against The Separate Orders Dated 30.04.2021 & 01.03.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To

Section 144Section 147Section 148Section 250

…aj 6. For that, on the fact & circumstances of the case, the learned Assessing Officer's reason to believe is based on his own suspicion and suspect and not enough to form belief for the purpose of action U/s. 147 [Citation: ITO VS. Lakhmani Mewal Das (1976) 3 ITR 437 (SC)L Therefore. the assessment U/s. 144/147 is ab-initio void assessment or a nullity for want of valid jurisdiction. 7. For that, on the fact & circumstances of the case, the learned Assessing Officer was absolutely wrong in determining the taxation of long term capital gain on the presumption of deemed transfer of 55% of the land in favour of th…

Deputy Commissioner of Income-Tax, Circle-6(1)(1) Bangalore, Koramangala, Bengaluru vs. Shri Bommai Sommappa Basavaraj, Bangalore

In the result, Appeal of the Revenue is dismissed and CO filed by the assessee is dismissed, as not pressed

ITA 922/BANG/2024[2010-11]Status: DisposedITAT Bangalore29 Jul 2024AY 2010-11

Bench: Chandra Poojari & Shri Prakash Chand Yadav

For Appellant: Shri. Sandeep Chalapathy, CAFor Respondent: Shri
Section 147Section 148Section 148(2)Section 250Section 250(4)

…assessing officer issued a notice u/s 148 of the Act for the above assessment years. (ii) There is no nexus between the formation of believe and the reasons recorded and therefore the test laid down by the Hon’ble Supreme court in ITO vs. Lakhmani Mewal Das 103 ITR 437 are not satisfied and therefore the proceedings u/s 147 of the Act are bad in law. By applying the above tests to reasons recorded, the reasons recorded are not valid at all. Firstly, the reasons recorded do not even state that the above sum of Rs.5,10,00,000/- and Rs. 4,00,00,000/- alleged to have been given to the assessee represents any income…