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.

How many judgments cite ITO v. Lakhmani Mewal Das?

721 judgments on BharatTax cite ITO v. Lakhmani Mewal Das (103 ITR 437), spanning 2001 to 2026.

Which sections of the Income Tax Act does ITO v. Lakhmani Mewal Das come up under?

It is most often cited in judgments turning on Section 147, Section 148, Section 143(3), Section 151, Section 142(1), Section 68.

ITO v. Lakhmani Mewal Das (103 ITR 437)

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 914/BANG/2024[2009-10]Status: DisposedITAT Bangalore29 Jul 2024AY 2009-10

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…

Suhas Hirachand Mehta, Dapoi, Ratnagiri vs. Income Tax Officer, Ward 1, Ratnagiri

ITA 1070/PUN/2024[2017-18]Status: DisposedITAT Pune24 Jul 2024AY 2017-18

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2017-18 Suhas Hirachand Mehta At Post-Jalgaon, Dapoli, Ratnagiri-410571. Pan: Akspm5272G. . . . . . . . Appellant

For Appellant: None for the AssesseeFor Respondent: Mr Umashankar Prasad [‘Ld. DR’]

Section 142(1)Section 143(3)Section 144Section 147Section 148Section 250Section 69A

…the same are without jurisdiction; that the reasons believed/recorded (if any) are highly vague, far-fetched and cannot by any stretch of imagination lead to conclusion of escapement therefore deserve to be quashed in the light of ‘ITO Vs Lakhmani Mewal Das’ [103 ITR 437 (SC)]. 8. Since the legal ground is adjudicated in favour of appellant, other grounds turned out to be academic in nature, therefore delving unto deem unwarranted. 9. The appeal of the assessee in result stands ALLOWED In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Wednesday, 24th July, 2024. -S/d- -S/d- VIN…

M/S. Shanker Logistices (P) Ltd., Kolkata vs. DCIT, Cir-7(1), Kolkata

The appeal of the assessee stands allowed

ITA 829/KOL/2023[2012-13]Status: DisposedITAT Kolkata08 Jul 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.829/Kol/2023 Assessment Year: 2012-13 M/S Shankar Logistics (P) Ltd.….…….…............…...……………....Appellant 207, Maharshi Divendra Road, West Bengal-700007. [Pan: Aajcs8693P] Vs. Dcit, Circle-7(1), Kolkata….....…........................................…..…..... Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 10, 2024 Date Of Pronouncing The Order : July 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.06.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.85,98,795/- By The Ld. Cit(A) As Made By The Assessing Officer Treating The Unsecured Loans Taken By The Assessee As Bogus & Thereby Making The Addition Of The Aforesaid Amount As Unexplained Income Of The Assessee. The Assessee Apart From Challenging The Additions On Merits Has Also Contested The Validity Of The Reopening Of The Assessment.

Section 143(3)Section 147Section 148Section 250

…t and thereby in starting proceedings u/s 147 is open to challenge in a court of law. The entire law as to what would constitute "reason to believe" has been summed up by the hon’ble Supreme Court in the case of “Income Tax Officer v Lakhmani Mewaldas” (1976) 103 ITR 437. Reliance in this respect can also be placed on the decision of the Hon'ble Punjab & Haryana High Court in the case of 'CIT vs Paramjit Kaur' (2008) 311 ITR 38 (P&H), wherein, making identical observations, the Hon'ble High Court has held that in the absence of sufficient material to form satisfaction of the Assessing Officer that income of the a…

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Appeals of the assessee stand allowed

ITA 1173/KOL/2023[2015-16]Status: DisposedITAT Kolkata02 Jul 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.1170 To1173/Kol/2023 Assessment Years: 2010-11, 2012-13, 2014-15 & 2015-16 Sundip Kumar Gupta..…………………....................…...……………....Appellant Fort Oasis Complex, Flat No.040903, Block-436B, Panditya Road, Kolkata – 700029. [Pan: Aebpg7187B] Vs. Dcit, Circle-47, Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 23, 2024 Date Of Pronouncing The Order : July 02, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Bunch Of Four Appeals Preferred By The Assessee Against The Separate Orders Dated 06.09.2023, 06.09.2023, 15.09.2023 & 06.09.2023, Respectively, Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issues Involved In All The Appeals Are Identical, Hence, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. At The Request Of Ld. Representatives Of The Parties, Ita No.1170/Kol/2023 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

Section 147Section 250Section 68

…ed satisfaction of the Assessing Officer. Therefore, reopening of the assessment in this case is held as bad in law. Reliance in this respect can be placed on the decision of Hon’ble Supreme Court in the case of ‘ITO vs. Lakhmani Mewal Das’ reported in (1976) 103 ITR 437 (SC), of the Hon’ble Delhi High Court in the case of ‘PCIT Vs. Meenakshi Overseas Ltd.’ reported in 395 ITR 677 (Del.) and in the case of ‘CIT vs. Atul Jain’ reported in [2008] 299 ITR 383 (Delhi), further of the Hon’ble Punjab and Haryana High Court in the case of ‘CIT vs. Paramjit Kaur’ reported in (2009) 311 ITR 38 (P&H). 7.1. Even on merits,…

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Appeals of the assessee stand allowed

ITA 1172/KOL/2023[2014-15]Status: DisposedITAT Kolkata02 Jul 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.1170 To1173/Kol/2023 Assessment Years: 2010-11, 2012-13, 2014-15 & 2015-16 Sundip Kumar Gupta..…………………....................…...……………....Appellant Fort Oasis Complex, Flat No.040903, Block-436B, Panditya Road, Kolkata – 700029. [Pan: Aebpg7187B] Vs. Dcit, Circle-47, Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 23, 2024 Date Of Pronouncing The Order : July 02, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Bunch Of Four Appeals Preferred By The Assessee Against The Separate Orders Dated 06.09.2023, 06.09.2023, 15.09.2023 & 06.09.2023, Respectively, Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issues Involved In All The Appeals Are Identical, Hence, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. At The Request Of Ld. Representatives Of The Parties, Ita No.1170/Kol/2023 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

Section 147Section 250Section 68

…ed satisfaction of the Assessing Officer. Therefore, reopening of the assessment in this case is held as bad in law. Reliance in this respect can be placed on the decision of Hon’ble Supreme Court in the case of ‘ITO vs. Lakhmani Mewal Das’ reported in (1976) 103 ITR 437 (SC), of the Hon’ble Delhi High Court in the case of ‘PCIT Vs. Meenakshi Overseas Ltd.’ reported in 395 ITR 677 (Del.) and in the case of ‘CIT vs. Atul Jain’ reported in [2008] 299 ITR 383 (Delhi), further of the Hon’ble Punjab and Haryana High Court in the case of ‘CIT vs. Paramjit Kaur’ reported in (2009) 311 ITR 38 (P&H). 7.1. Even on merits,…

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Appeals of the assessee stand allowed

ITA 1171/KOL/2023[2012-13]Status: DisposedITAT Kolkata02 Jul 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.1170 To1173/Kol/2023 Assessment Years: 2010-11, 2012-13, 2014-15 & 2015-16 Sundip Kumar Gupta..…………………....................…...……………....Appellant Fort Oasis Complex, Flat No.040903, Block-436B, Panditya Road, Kolkata – 700029. [Pan: Aebpg7187B] Vs. Dcit, Circle-47, Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 23, 2024 Date Of Pronouncing The Order : July 02, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Bunch Of Four Appeals Preferred By The Assessee Against The Separate Orders Dated 06.09.2023, 06.09.2023, 15.09.2023 & 06.09.2023, Respectively, Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issues Involved In All The Appeals Are Identical, Hence, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. At The Request Of Ld. Representatives Of The Parties, Ita No.1170/Kol/2023 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

Section 147Section 250Section 68

…ed satisfaction of the Assessing Officer. Therefore, reopening of the assessment in this case is held as bad in law. Reliance in this respect can be placed on the decision of Hon’ble Supreme Court in the case of ‘ITO vs. Lakhmani Mewal Das’ reported in (1976) 103 ITR 437 (SC), of the Hon’ble Delhi High Court in the case of ‘PCIT Vs. Meenakshi Overseas Ltd.’ reported in 395 ITR 677 (Del.) and in the case of ‘CIT vs. Atul Jain’ reported in [2008] 299 ITR 383 (Delhi), further of the Hon’ble Punjab and Haryana High Court in the case of ‘CIT vs. Paramjit Kaur’ reported in (2009) 311 ITR 38 (P&H). 7.1. Even on merits,…

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Appeals of the assessee stand allowed

ITA 1170/KOL/2023[2010-11]Status: DisposedITAT Kolkata02 Jul 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.1170 To1173/Kol/2023 Assessment Years: 2010-11, 2012-13, 2014-15 & 2015-16 Sundip Kumar Gupta..…………………....................…...……………....Appellant Fort Oasis Complex, Flat No.040903, Block-436B, Panditya Road, Kolkata – 700029. [Pan: Aebpg7187B] Vs. Dcit, Circle-47, Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 23, 2024 Date Of Pronouncing The Order : July 02, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Bunch Of Four Appeals Preferred By The Assessee Against The Separate Orders Dated 06.09.2023, 06.09.2023, 15.09.2023 & 06.09.2023, Respectively, Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issues Involved In All The Appeals Are Identical, Hence, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. At The Request Of Ld. Representatives Of The Parties, Ita No.1170/Kol/2023 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

Section 147Section 250Section 68

…ed satisfaction of the Assessing Officer. Therefore, reopening of the assessment in this case is held as bad in law. Reliance in this respect can be placed on the decision of Hon’ble Supreme Court in the case of ‘ITO vs. Lakhmani Mewal Das’ reported in (1976) 103 ITR 437 (SC), of the Hon’ble Delhi High Court in the case of ‘PCIT Vs. Meenakshi Overseas Ltd.’ reported in 395 ITR 677 (Del.) and in the case of ‘CIT vs. Atul Jain’ reported in [2008] 299 ITR 383 (Delhi), further of the Hon’ble Punjab and Haryana High Court in the case of ‘CIT vs. Paramjit Kaur’ reported in (2009) 311 ITR 38 (P&H). 7.1. Even on merits,…

Santosh Khunteta, Delhi vs. ITO, Ward-29(5), Delhi

In the result, Appeal filed by the assessee is allowed

ITA 3139/DEL/2023[2010-11]Status: DisposedITAT Delhi13 Jun 2024AY 2010-11

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 147Section 148Section 151Section 56

…judicial pronouncement of Hon'ble Supreme Court and Hon'ble High Court. (i) Johri Lal (HUF) vs. CIT, 88 ITR 439 (SC). (ii) Sheo Nath Singh vs. AAC, 82 ITR 147 (SC). iii) Ganga Saran & Sons (P) Ltd. vs. ITO, 130 ITR 1 (SC). (iv) ITO vs. Lakhmani Mewal Das, 103 ITR 437(SC) (v) Commissioner of Income Tax v.G&G Pharma (2015) 384 ITR 147 (Del.) (vi) CIT vs Insecticides India Ltd 357 ITR 330, Delhi High Court. vii) CIT vs SFIL Stock Broking Ltd 325 ITR 285, Delhi High Court; (viii)Sarthak Securities Co. (P).Ltd vs ITO, 329 ITR 110, (Delhi HC); (ix) PCIT vs RMG Poly Vinyl (1) Ltd Delhi High Court; (x) Oriental Insur…

Himalaya Distilleries Ltd., Sikkim vs. ITO, WD-3(1), Gangtok, Sikkim

In the result, appeals of the assessee are allowed

ITA 758/KOL/2023[2013-14]Status: DisposedITAT Kolkata05 Jun 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R

Section 10Section 147Section 148Section 250

…rements of the law should be satisfied. The live link or close nexus should be there between the material before the Assessing Officer in the given case so as to provide a legally sound basis for reopening the assessment [I.T.O. -VS- Lakhmani Mewal Das (1976) 103 ITR 437 (SC)]. There can be no doubt that the belief, contemplated in this section, must be that of an honest and rational person, based upon reasonable grounds. It is settled that the expression "reason to believe" does not mean a purely subjective satisfaction on the part of the Income-tax Officer. The belief must be held in good faith, It cannot be me…

Himalaya Distilleries Ltd., Sikim vs. ITO, WD-3(1), Gangtok, Sikim

In the result, appeals of the assessee are allowed

ITA 757/KOL/2023[2012-13]Status: DisposedITAT Kolkata05 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R

Section 10Section 147Section 148Section 250

…rements of the law should be satisfied. The live link or close nexus should be there between the material before the Assessing Officer in the given case so as to provide a legally sound basis for reopening the assessment [I.T.O. -VS- Lakhmani Mewal Das (1976) 103 ITR 437 (SC)]. There can be no doubt that the belief, contemplated in this section, must be that of an honest and rational person, based upon reasonable grounds. It is settled that the expression "reason to believe" does not mean a purely subjective satisfaction on the part of the Income-tax Officer. The belief must be held in good faith, It cannot be me…

Tulshi Dealtrade Pvt. Ltd., Howrah vs. ITO, WD-11(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 776/KOL/2023[2012-13]Status: DisposedITAT Kolkata28 May 2024AY 2012-13

Bench: Shri Rajesh Kumar, Am& Shri Pradip Kumar Choubey, Jm]

Section 143(1)Section 143(3)Section 147Section 148Section 148(2)Section 151

…ing of assessment is permissible only on the basis of formation of belief by the AO in the reasons recorded and not otherwise as it unsettle the already settled assessment of the assessee. The Hon’ble Apex Court in the case of ITO Vs Lakhmani Mewal Das (1976) 103 ITR 437 (SC) has held that re-opening of assessment cannot be on the basis of suspicion. The Hon’ble Court held as under: 4 Tulshi Dealtrade Pvt. Ltd. AYs 2012-13 “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 th…

Sadashiv Nivrutti Navale, Solapur vs. Deputy Commissioner of Income-Tax, Central Circle -2 (2), Pune

In the result, both the appeals filed by the assessee are dismissed

ITA 455/PUN/2019[2013-14]Status: DisposedITAT Pune27 May 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13

For Appellant: Shri Suhas BoraFor Respondent: Shri Sourabh Nayak, Addl.CIT

Section 132Section 143(2)Section 147Section 148

…k account per se are not sufficient to invoke the jurisdiction u/s 147 of the Act. Referring to the following decisions, he submitted that non application of mind in recording reasons does not deserve to be concurred with: i) ITO vs. Lakhmani Mewal Das (1976) 103 ITR 437 (SC) ii) PCIT vs. Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Del) iii) PCIT vs. RMG Polyvinyl (I) Ltd. (2017) 83 taxmann.com 348 iv) Hindustan Lever Ltd. vs. R.B. Wadkar (2004) 268 ITR 332 (Bom) 10. Referring to the following decisions, he submitted that reasons recorded do not seem to indicate reasonable belief that income chargeable to t…

Prashant Vithoba Navale, Solapur vs. Deputy Commissioner of Income-Tax, Central Circle -2(2), Pune

In the result, both the appeals filed by the assessee are dismissed

ITA 323/PUN/2019[2012-13]Status: DisposedITAT Pune27 May 2024AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13

For Appellant: Shri Suhas BoraFor Respondent: Shri Sourabh Nayak, Addl.CIT

Section 132Section 143(2)Section 147Section 148

…k account per se are not sufficient to invoke the jurisdiction u/s 147 of the Act. Referring to the following decisions, he submitted that non application of mind in recording reasons does not deserve to be concurred with: i) ITO vs. Lakhmani Mewal Das (1976) 103 ITR 437 (SC) ii) PCIT vs. Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Del) iii) PCIT vs. RMG Polyvinyl (I) Ltd. (2017) 83 taxmann.com 348 iv) Hindustan Lever Ltd. vs. R.B. Wadkar (2004) 268 ITR 332 (Bom) 10. Referring to the following decisions, he submitted that reasons recorded do not seem to indicate reasonable belief that income chargeable to t…

Sangeeta Goel, Patna vs. CCIT, NFAC, Patna

In the result, appeal of the assessee is allowed

ITA 211/PAT/2024[2013-14]Status: DisposedITAT Patna12 Apr 2024AY 2013-14

Bench: Shri Sonjoy Sarma, Hon’Blei.T.A. No. 211/Pat/2024 Assessment Year: 2013-14 Sangeeta Goel Chief Commissioner Of Income-Tax/Nfac 506, Santosha Complex Vs Fraser Road Bander Bagicha Patna - 800001 [Pan: Acbpg0887A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Sushil Kumar Mishra, Jcit D/R सुनवाई क" तारीख/Date Of Hearing : 06/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/04/2024 आदेश/O R D E R Per, Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 30/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. A. That The Initiation Of Proceeding U/S 147 R.W.S 148 Of The It Act, 1961 Based On Alleged Information Of Bogus Trade Amounting To Rs. 35,09,213/- In The Shares & Securities Of M/S Ayaan Commercial Pvt Ltd Being Bereft Of Fact & Assessee Having Not Carried On Any Such Transaction, The Assumption Of Jurisdiction U/S 147 Of The It Act, 1961 Is Bad In Law. B. That The Ld. A.O. Having Rejected The Objection Of The Assessee Although These Facts Are Brought On Record His Action In Doing So Is Bad In Law. C. That The Reopening U/S 147 Was Based On Mere Suspicion & Surmises, The Proceeding U/S 147 R.W.S. 148 Of The It Act, 1961 Is Bad In Law.

For Appellant: Shri S.K. Tulsiyan, AdvocateFor Respondent: Shri Sushil Kumar Mishra, JCIT D/R

Section 143(1)Section 147Section 148Section 250

…ue, indefinite, far- fetched and remote, that the proceeding has been initiated on mere change of opinion. 6.1. Reliance has been placed on the following judgments:- (i) Hon’ble Supreme Court in the case of ITO, Calcutta and Ors. vs. Lakhmani Mewal Das [1976] 103 ITR 437 (SC); (ii) Hon’ble Supreme Court in the case of CIT vs. Kelvinator India Ltd. [2010] 320 ITR 561 (SC) (iii) Hon’ble Delhi High Court in the case of CIT vs. SFIL Stock Broking Ltd. (2010) 325 ITR 285 (Del.); 6.1. On the other hand, the ld. D/R vehemently argued supporting the order of the lower authorities. 5 I.T.A. No. 211/Pat/2024 Assessment Ye…

Mahavir Prasad Jat, Jaipur vs. ITO WD, Behror

In the result, the appeal of the assesee is allowed

ITA 662/JPR/2023[2011-12]Status: DisposedITAT Jaipur10 Apr 2024AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

For Appellant: Mrs. Suhani Maharwal, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR

Section 147Section 148

…t and therefore, the assumption of jurisdiction by the AO is invalid and as such, the impugned notice under s. 148 is not sustainable and is quashed. 7 MAHAVIR PRASAD JAVT VS ITO, WARD- BEHROR Hon’ble Supreme Court in ITO, & Ors v. Lakhmani Mewal DAS (1976) 103 ITR 437(SC), held that wherein it was observed that for reopening of assessment, there must be a rational connection or relevant bearing on the formation of the belief that income chargeable to tax has escaped assessment. In an identical case Hon'ble ITAT Agra in appeal no 393/Agra/2018 dated 23.09.2019 held in the case of Premwati Suman vs ITO pronounce…

Compact Texfab Pvt. Ltd., New Delhi vs. ITO Ward - 6(2), New Delhi

In the result, the appeal of the assessee is allowed

ITA 9524/DEL/2019[2011-12]Status: DisposedITAT Delhi03 Apr 2024AY 2011-12

Bench: Shri Saktijit Dey, Hon’Ble & Shri M. Balaganeshcompact Texfab Pvt. Ltd, Vs. Ito, 1032, H. No. 66, Gali No. Ward-6(2), 33, Jafrabad, New Delhi New Delhi (Appellant) (Respondent) Pan: Aadcc3621P Assessee By : Shri Akhilesh Kumar, Adv Shri Ankit Kumar, Adv Revenue By: Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing 07/02/2024 Date Of Pronouncement 03/04/2024

For Appellant: Shri Akhilesh Kumar, AdvFor Respondent: Shri Vivek Kumar Upadhyay, Sr. DR

Section 139(1)Section 143(1)Section 147Section 148

…the assessee would have to be tested. Absent that foundational material, the test would without doubt fail. Reliance has been rightly placed by the ld. AR before us on the decision of Hon’ble Supreme Court in the case of ITO vs Lakhmani Mewal Das reported in 103 ITR 437 (SC) , wherein at page 448, the Hon’ble Apex Court held 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 between the material coming to the notice of the…

Devinder Singh Sahney, Mumbai vs. ITO (It) 4(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 1585/MUM/2017[2006-07]Status: DisposedITAT Mumbai02 Apr 2024AY 2006-07

Bench: SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRIGAGAN GOYAL (Accountant Member)

For Appellant: Shri P.J.Pardiwal, Sr. Advocate with S/Shri Madhur Agrawal, Fenil Bhatt &For Respondent: S/Shri Miland Chavan & Anil Sant, Sr. DRs

Section 142(1)Section 147Section 148

…As has been pointed earlier the provisions of section 149(1)(c) of the Act would apply to the Residents only and would not apply to the Non- Residents. To reinforce his submissions he placed reliance on the following decisions: (i) ITO vs. LakhmaniMewaldas, 103 ITR 437 (SC); and (ii) JS & MF Builders vs. AK Chauhan, 117 taxmann.com 228. 2.9 The ld. Counsel for the assessee submitted that document (Base Note) on the basis of which assessment has been reopened in the case of assessee does not appear to be authentic. He pointed that the amount mentioned in Base Note is in lacs,whereas, the amount is always mention…

Sagar Babanrao Awatade, Navi Mumbai vs. Income Tax Officer, Ward-1, Panvel

Appeal is allowed

ITA 79/PUN/2024[2014-15]Status: DisposedITAT Pune27 Mar 2024AY 2014-15

Bench: Shri Satbeer Singh Godaraआयकर अपील सं. /Ita No.79/Pun/2024 "नधा"रण वष" / Assessment Year : 2014-15

For Appellant: Shri Harsh Goyal &For Respondent: Smt. Neha Deshpande

Section 139Section 142Section 143Section 143(3)Section 144Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER आयकर अपील सं. /ITA No.79/PUN/2024 "नधा"रण वष" / Assessment Year : 2014-15 Sagar Babanrao Awatade, Income Tax Officer, A-13, RH-IV, Sector-9, Ward-1, Panvel Belapur, Navi Mumbai- 400 614 Maharashtra vs. PAN : AJXPA8812C (Appellant) (Respondent) For Assessee : Shri Harsh Goyal & Shri Shashikant Goyal For Revenue : Smt. Neha Deshpande Date of Hearing : 13.03.2024 Date of Pronouncement : 27.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2014-1…

Ram Dhan Yadav, Chomu Jaipur vs. Income Tax Officer, ITO 7(3), Jaipur

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

ITA 369/JPR/2023[2008-09]Status: DisposedITAT Jaipur20 Feb 2024AY 2008-09

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajesh Soni (C.A.)For Respondent: Shri Anoop Singh (Addl.CIT)

Section 143(3)Section 144Section 147Section 148Section 69B

…irection of his superior and reopened the assessment proceeding which is against the law. 1.3 Powers are not plenary : It is well settled that AO is not given unbridled powers to reopen any assessment .Hon’ble SC in the case of ITO vs LakhmaniMewal Das (1976) 103 ITR 437 has held that the powers of the ITO to reopen assessment,though wide ,are not plenary. The words of the statute are “ reason to believe” and not “reason to suspect”. The reopening of an assessment after a lapse of many years is a serious matter. If apply this ratio decidendi to the facts of the case, it crystal clear that the AO was neither havin…

Ram Dhan Yadav, Chomu Jaipur vs. ITO, WD 7(3), Jaipur

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

ITA 366/JPR/2023[2007-2008]Status: DisposedITAT Jaipur20 Feb 2024AY 2007-2008

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajesh Soni (C.A.)For Respondent: Shri Anoop Singh (Addl.CIT)

Section 143(3)Section 144Section 147Section 148Section 69B

…irection of his superior and reopened the assessment proceeding which is against the law. 1.3 Powers are not plenary : It is well settled that AO is not given unbridled powers to reopen any assessment .Hon’ble SC in the case of ITO vs LakhmaniMewal Das (1976) 103 ITR 437 has held that the powers of the ITO to reopen assessment,though wide ,are not plenary. The words of the statute are “ reason to believe” and not “reason to suspect”. The reopening of an assessment after a lapse of many years is a serious matter. If apply this ratio decidendi to the facts of the case, it crystal clear that the AO was neither havin…

ITO v. Lakhmani Mewal Das

What is ITO v. Lakhmani Mewal Das authority for?

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Also reported as

Sections most often in play

Issues it is cited on

Judgments citing ITO v. Lakhmani Mewal Das

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

Suhas Hirachand Mehta, Dapoi, Ratnagiri vs. Income Tax Officer, Ward 1, Ratnagiri

M/S. Shanker Logistices (P) Ltd., Kolkata vs. DCIT, Cir-7(1), Kolkata

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Sundip Kumar Gupta., Kolkata vs. DCIT, Cir-47, Kolkata.

Santosh Khunteta, Delhi vs. ITO, Ward-29(5), Delhi

Himalaya Distilleries Ltd., Sikkim vs. ITO, WD-3(1), Gangtok, Sikkim

Himalaya Distilleries Ltd., Sikim vs. ITO, WD-3(1), Gangtok, Sikim

Tulshi Dealtrade Pvt. Ltd., Howrah vs. ITO, WD-11(2), Kolkata

Sadashiv Nivrutti Navale, Solapur vs. Deputy Commissioner of Income-Tax, Central Circle -2 (2), Pune

Prashant Vithoba Navale, Solapur vs. Deputy Commissioner of Income-Tax, Central Circle -2(2), Pune

Sangeeta Goel, Patna vs. CCIT, NFAC, Patna

Mahavir Prasad Jat, Jaipur vs. ITO WD, Behror

Compact Texfab Pvt. Ltd., New Delhi vs. ITO Ward - 6(2), New Delhi

Devinder Singh Sahney, Mumbai vs. ITO (It) 4(2)(1), Mumbai

Sagar Babanrao Awatade, Navi Mumbai vs. Income Tax Officer, Ward-1, Panvel

Ram Dhan Yadav, Chomu Jaipur vs. Income Tax Officer, ITO 7(3), Jaipur

Ram Dhan Yadav, Chomu Jaipur vs. ITO, WD 7(3), Jaipur