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)

ITO, Ward-50(1), Kolkata vs. Sanat Singha Roy, Kolkata

In the result, the cross-objection of the assessee is allowed and the reopening of the assessment is hereby quashed being bad in law and the consequential additions stand deleted

ITA 624/KOL/2020[2011-12]Status: HeardITAT Kolkata03 Apr 2023AY 2011-12

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2011-12 Ito, Ward-50(1), Kolkata................…………………………….….…….……Appellant Vs. Sanat Singha Roy……..……………..........................……........……...…..…..Respondent Mahishpota, Post Office-Natagarh, Kolkata-700113. [Pan: Anips0738A] Appearances By: Shri Vijay Kumar, Addl. Cit, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 29, 2023 Date Of Pronouncing The Order :April 03, 2023

Section 250

…lief of escapement of assessment 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" had summed up by Supreme Court in Income Tax Officer v Lakhmani Mewaldas (1976) 103 ITR 437. Reliance in this respect can also be 6 Assessment Year: 2011-12 Sanat Singha Roy 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 held that the in the absence of sufficient material to form satisfaction o…

Assistant Commissioner of Income Tax, Central Circle-1, Guwahati vs. Abci Infrastructures Private Limited, Kolkata

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 1/GTY/2023[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case

Section 143(3)Section 147Section 148Section 153Section 153C

…ore us, ld. Counsel for the assessee has filed a very detailed submission on this point also and relied upon a large number of decisions starting from the judgment of the Hon’ble Supreme Court in the case of ITO, Calcutta & Ors –vs.- Lakhmani Mewal Das (1976) 103 ITR 437 (SC), judgment of the Hon’ble Supreme Court in the case of Kelvinator India Limited (supra), judgment of the Hon’ble Calcutta High Court in the case of Peerless General Finance And Investment Co. Limited – vs.- DCIT & Ors. reported in (2005) 273 ITR 16 (Cal.) and a number of other decisions from different Hon’ble High Courts. We may make a refere…

Abci Infrastructures Private Limited, Kolkata vs. Assistant Commissioner of Income Tax, Central Circle-1, Guwahati

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 40/GTY/2022[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case

Section 143(3)Section 147Section 148Section 153Section 153C

…ore us, ld. Counsel for the assessee has filed a very detailed submission on this point also and relied upon a large number of decisions starting from the judgment of the Hon’ble Supreme Court in the case of ITO, Calcutta & Ors –vs.- Lakhmani Mewal Das (1976) 103 ITR 437 (SC), judgment of the Hon’ble Supreme Court in the case of Kelvinator India Limited (supra), judgment of the Hon’ble Calcutta High Court in the case of Peerless General Finance And Investment Co. Limited – vs.- DCIT & Ors. reported in (2005) 273 ITR 16 (Cal.) and a number of other decisions from different Hon’ble High Courts. We may make a refere…

M/S. Gokuldas Exports, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-11(2), Bangalore

In the result, the appeal filed by the assessee is partly allowed in above terms

ITA 1062/BANG/2004[1995-96]Status: DisposedITAT Bangalore31 Mar 2023AY 1995-96

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Gokaldas Exports Vs. Dcit, Circle - 11(2) (Presently Gokaldas Exports Ltd.) Bengaluru No. 25, 2Nd Cross, 3Rd Main Industrial Suburb, Yashwanthpur Bengaluru 560022 Pan – Aaacg8239J (Appellant) (Respondent) Assessee By: Shri S.V. Ravishankar, Advocate Revenue By: Shri Gudimella Vp Pavan Kumar, Jcit Date Of Hearing: 28.03.2023 Date Of Pronouncement: 31.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. This Appeal By The Assessee Is Directed Against The Order Of The Cit(A)-1, Bangalore Dated 31.03.2004 For Ay 1995-06. This Is The Third Round Of Proceedings Before The Tribunal In Pursuant Of The Judgement Of The Hon'Ble Jurisdictional High Court In Ita No. 635 Of 2016 Order Dated 19.07.2022 Which Is Placed On Record On Pages 164 To 176 Of The Paper Book.

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Gudimella VP Pavan Kumar, JCIT

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

…O in pursuant to the requirement of law is null and void. In support of his argument the learned A.R. relied on the following judgements: - 5 M/s. Gokaldas Exports “i) Indian Oil Corporation v. ITO (1986) 159 ITR 956 (SC) ii) ITO v. Lakhmani Mewal Das (1976) 103 ITR 437 (SC) iii) Sitara Diamond (P.) Ltd. v. DCIT (2012) 345 ITR 91 (Bom.) iv) Multiscreen Media (P.) Ltd v. UOI (2010) 324 ITR 48 (Bombay) v) Hindustan Level Ltd. v. R.B. Wadkar (2004) 268 ITR 332 (Bom.) vi) CIT v. Ankit C Maheshwari (2014) 366 ITR 146 (Guj.) vii) CIT v. Hewlett Packard Digital Global Soft Ltd. in ITA No. 406/2007 dated 19.09.2011 viii…

I.T.O. - 23(1)(5), Mumbai vs. Grace Development Associates, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 712/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Mar 2023AY 2013-14

Bench: Shri Baskaran Br & Shir Pavan Kumar Gadaleito – 23(1)(5) Vs. M/S Grace Development Room.No.113,1St Floor Associates Matru Mandir, 101, B-Wing, Landmark Tardeo Road, Building, 1St Floor, 150 Mumbai – 400 007 Pali Road, Nr. Hdfc Bank, Bandra (W), Mumbai – 400050. Pan/Gir No. : Aahfg5648M Appellant .. Respondent Appellant By : Ms.Neeraja Sarma.Dr Respondent By : Mr.Devendra Jain.Ar Date Of Hearing 09.02.2023 Date Of Pronouncement 16.03.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) -32, Mumbai Passed U/S 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Ms.Neeraja Sarma.DRFor Respondent: Mr.Devendra Jain.AR

Section 142(1)Section 143(1)Section 143(2)Section 148Section 250Section 68

…is creditors, there are debtors, stock etc also. It is absolutely there look out and they make payment to the creditors as per their terms, it does not prove that there is no creditworthyness. The Hon. Apex Court in the case of LAKHMANI MEWAL DAS reported in 103 ITR 437 (SC) has held that the reopening of the assessment would be justified only if there is a live nexus between the material and the escapement of income. A general and vague statement made by a third party cannot provide reason to believe that chargeable income has escaped assessment in the M/s Grace Development Associates. Mumbai. hands of the asse…

Sh. Nirbhay Trehan, Jammu vs. Dy. Commissioner of Income Tax Central Circle, Jammu

In the result, the appeals of the assessee bearing ITA Nos

ITA 184/ASR/2019[2013-14]Status: DisposedITAT Amritsar20 Mar 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139Section 144Section 147Section 148Section 2Section 250

…not income within meaning of “income” as per provisions of section 2 (24) of the Act. Therefore, assessment reopened without application of mind is invalid ab initio as per settled position of law. The Hon’ble Supreme Court In ITO v. LakhmaniMewal Das [1976] 103 ITR 437has held that “it is no doubt true that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion for that of the Income-tax Officer on the point as to whether action should be initiated for reopening the assessment. At the same time,, it is to be borne in mind that it is not any and every material, howsoe…

Sh. Nirbhay Trehan, Jammu vs. Dy. Commissioner of Income Tax Central Circle, Jammu

In the result, the appeals of the assessee bearing ITA Nos

ITA 183/ASR/2019[2010-11]Status: DisposedITAT Amritsar20 Mar 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139Section 144Section 147Section 148Section 2Section 250

…not income within meaning of “income” as per provisions of section 2 (24) of the Act. Therefore, assessment reopened without application of mind is invalid ab initio as per settled position of law. The Hon’ble Supreme Court In ITO v. LakhmaniMewal Das [1976] 103 ITR 437has held that “it is no doubt true that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion for that of the Income-tax Officer on the point as to whether action should be initiated for reopening the assessment. At the same time,, it is to be borne in mind that it is not any and every material, howsoe…

Smt. Bani Trehan, Jammu vs. Dy. Commissioner of Income Tax Central Circle, Jammu

In the result, the appeals of the assessee bearing ITA Nos

ITA 182/ASR/2019[2010-11]Status: DisposedITAT Amritsar20 Mar 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139Section 144Section 147Section 148Section 2Section 250

…not income within meaning of “income” as per provisions of section 2 (24) of the Act. Therefore, assessment reopened without application of mind is invalid ab initio as per settled position of law. The Hon’ble Supreme Court In ITO v. LakhmaniMewal Das [1976] 103 ITR 437has held that “it is no doubt true that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion for that of the Income-tax Officer on the point as to whether action should be initiated for reopening the assessment. At the same time,, it is to be borne in mind that it is not any and every material, howsoe…