ITO v. Purushottam Das Bangur

224 ITR 362Supreme Court of India1997#1261 most cited

What is ITO v. Purushottam Das Bangur authority for?

Information received from the investigation wing constitutes valid 'reason to believe' for initiating reassessment proceedings under Sections 147/148, provided the Assessing Officer applies their mind to the material and does not act mechanically. Prompt issuance of a notice based on such information does not automatically imply a lack of due diligence or borrowed satisfaction.

90

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

ITO v. Purushottam Das Bangur · 224 ITR 362 · Section 147 · Section 148 · reason to believe · escapement of income · information from investigation wing · borrowed satisfaction · application of mind · validity of reassessment · reopening assessment

Also reported as

90 Taxmann 641

Sections most often in play

Section 147Section 148Section 143(3)Section 144Section 142(1)Section 263Section 69ASection 131(1A)
Read the full judgment

Issues it is cited on

section 46asection 147(a)section 147(1)section 147(b)section 129full and true disclosuresection 131(1a)live linkprincipal officersanctioning authorityborrowed satisfactionmaterial facts necessary for assessment

Judgments citing ITO v. Purushottam Das Bangur

B.R Goel & Sons (HUF), New Delhi vs. ITO Ward - 47(4), New Delhi

In the result appeal of assessee is allowed

ITA 9084/DEL/2019[2011-12]Status: DisposedITAT Delhi21 Feb 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri B.R.R. Kumarassessment Year: 2011-12 B.R. Goel & Sons (Huf) Ito, Ward 47(4), Drum 1228, Kaccha Bagh, Shape Building, I.P Chandani Chowk, Delhi Vs. Extension, New Delhi 110006 110002 Pin Aadhb5670C (Appellant) (Respondent) For Assessee: Shri C.S Anand, Advocate For Revenue : Shri Kanv Bali, Sr.Dr

For Appellant: Shri C.S Anand, AdvocateFor Respondent: Shri Kanv Bali, Sr.DR
Section 147Section 148Section 68

…the aggregate works out to Rs. 78 lakhs. 8. Mr. Ruchir Bhatia, learned Senior Standing Counsel for the Revenue, relied on the decisions in Income-Tax Officer v. Selected Dalurband Coal Co. Pvt. Ltd. (1996) 217 ITR 597 and ITO v. Purushottam Das Bangur (1997) 224 ITR 362 to urge that at the stage of reopening of the assessment, the AO is not expected to undertake any detailed inquiry; it was sufficient if on the basis of the information received he was prima facie satisfied that a case was made out for reopening the assessment as income had escaped assessment. 9. However, in neither of the above cases are the fac…

Shyam Products P.Ltd, New Delhi vs. ITO, Ward-23(3), New Delhi

In the result, appeal of the assessee is partly allowed as indicated above

ITA 4908/DEL/2018[2007-08]Status: DisposedITAT Delhi31 Jan 2023AY 2007-08

Bench: Shri Challa Nagendra Prasad, S.M.C.

For Appellant: Shri Suresh Kumar GuptaFor Respondent: Sr. D. R
Section 147Section 148Section 271Section 68Section 69C

…am relying on the decision of Raymond Woollen Mills Ltd. Vs ITO 236 ITR 236 ITR4 (sc; wherein it was held that the AO is not to conclusively prove the escapement of income to assume jurisdiction u/s 147 of the Act. In the case of ITO Vs Purshottam Das Bangur 224 ITR 362 the Hon'ble Apex Court, on the issue of application of mind by the Assessing Officer to information received while recording reasons, held that on the basis of facts and information contained in letter of Directorate of Investigation, the Income Tax Officer could have formed opinion that there was reason to believe that income chargeable to tax h…

Optimist Electronics P.Ltd, New Delhi vs. ITO, Ward-19(2), New Delhi

In the result, appeal of the assessee is partly allowed as indicated above

ITA 4907/DEL/2018[2008-09]Status: DisposedITAT Delhi31 Jan 2023AY 2008-09

Bench: Shri Challa Nagendra Prasad, S.M.C.

For Appellant: Shri Suresh Kumar GuptaFor Respondent: Sr. D. R
Section 147Section 148Section 271Section 68Section 69C

…am relying on the decision of Raymond Woollen Mills Ltd. Vs ITO 236 ITR 236 ITR4 (sc; wherein it was held that the AO is not to conclusively prove the escapement of income to assume jurisdiction u/s 147 of the Act. In the case of ITO Vs Purshottam Das Bangur 224 ITR 362 the Hon'ble Apex Court, on the issue of application of mind by the Assessing Officer to information received while recording reasons, held that on the basis of facts and information contained in letter of Directorate of Investigation, the Income Tax Officer could have formed opinion that there was reason to believe that income chargeable to tax h…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7214/MUM/2017[2008-09]Status: DisposedITAT Mumbai12 May 2022AY 2008-09

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…n.com 20 (Bombay) (xi). Hon'ble High Court of Delhi decision in the case of PCIT-7 Vs. Paramound Communication (P.) Ltd [2017] 79 taxmann.com 409 (Delhi) (xii). Hon'ble Supreme Court decision in the case of Income Tax Officer Vs. Purushottam Das Bangur [1997] 90 Taxmann 641 (SC) (xiii). Hon'ble High Court of Bombay decision in the case of Rabo India Finance Ltd. Vs. DCIT (2012] 27 taxmann.com 163 (Bombay) C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., (xiv). Hon’ble Supreme Court decision in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 161 Taxman 316 (SC) (xv). Hon'ble High Court of…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7213/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 May 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…n.com 20 (Bombay) (xi). Hon'ble High Court of Delhi decision in the case of PCIT-7 Vs. Paramound Communication (P.) Ltd [2017] 79 taxmann.com 409 (Delhi) (xii). Hon'ble Supreme Court decision in the case of Income Tax Officer Vs. Purushottam Das Bangur [1997] 90 Taxmann 641 (SC) (xiii). Hon'ble High Court of Bombay decision in the case of Rabo India Finance Ltd. Vs. DCIT (2012] 27 taxmann.com 163 (Bombay) C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., (xiv). Hon’ble Supreme Court decision in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 161 Taxman 316 (SC) (xv). Hon'ble High Court of…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7212/MUM/2017[2010-11]Status: DisposedITAT Mumbai12 May 2022AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…n.com 20 (Bombay) (xi). Hon'ble High Court of Delhi decision in the case of PCIT-7 Vs. Paramound Communication (P.) Ltd [2017] 79 taxmann.com 409 (Delhi) (xii). Hon'ble Supreme Court decision in the case of Income Tax Officer Vs. Purushottam Das Bangur [1997] 90 Taxmann 641 (SC) (xiii). Hon'ble High Court of Bombay decision in the case of Rabo India Finance Ltd. Vs. DCIT (2012] 27 taxmann.com 163 (Bombay) C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., (xiv). Hon’ble Supreme Court decision in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 161 Taxman 316 (SC) (xv). Hon'ble High Court of…

Society for Welfare Awareness Research and Guidance, Delhi vs. ITO (Exemptions), Ward 2(2), New Delhi

In the result, appeal of the assessee is allowed

ITA 4702/DEL/2019[2011-12]Status: DisposedITAT Delhi27 Apr 2022AY 2011-12

Bench: Shri R. K. Panda[Assessment Year: 2011-12]

Section 12ASection 133ASection 143(2)Section 147Section 148Section 68

…appellant which were duly disposed off by the Assessing Officer vide letter dated 13/06/2016. It is settled law that information received from other offices can constitute material for reopening a case. In the case of ITR Vs. Purushottam Das Bangur and Anr. [224 ITR 362 (SC)] it was held that communication received by the Assessing Officer in discharge of official duties is information of notice under section 148. Notice under section 148 on the basis of letter issued from Investigation Wing has been held to be valid in the case of AGR Investigation Ltd. Vs. Additional CIT & Anr: [333 ITR 146 (Del)]. In the case…

Jitendra Axaysingh Babel, Surat vs. ITO, Ward 3(3)(2), Surat

In the result, the grounds of appeal raised by the Revenue is partly allowed resultantly, the ground No

ITA 555/SRT/2019[2008-09]Status: DisposedITAT Surat06 Apr 2022AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court)

Section 143(1)Section 147Section 148Section 254(1)

…ependent investigation was conducted by the Assessing Officer. The ld. CIT(A) after considering the submission of assessee, upheld the validity of reopening by referring the decision of the Hon’ble Supreme Court in the case of Purushottam Das Bangur & Another 224 ITR 362 (SC) as well as the decision of Hon’ble Jurisdictional High Court in the case of Pushpak Bullion (P) Ltd. (2017) 85 taxmann.com 84 (Gujarat) wherein the Hon’ble High Court held that the information received from Investigation Wing is sufficient for making a reasonable plea for reopening. 8 ITA 533 & 555/SRT/2019 ITO Vs. Sh. Jitendra Axaysingh Ba…

ITO, Ward 3(3)(2), Surat vs. Jitendra Azaysingh Babel, Surat

In the result, the grounds of appeal raised by the Revenue is partly allowed resultantly, the ground No

ITA 533/SRT/2019[2008-09]Status: DisposedITAT Surat06 Apr 2022AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court)

Section 143(1)Section 147Section 148Section 254(1)

…ependent investigation was conducted by the Assessing Officer. The ld. CIT(A) after considering the submission of assessee, upheld the validity of reopening by referring the decision of the Hon’ble Supreme Court in the case of Purushottam Das Bangur & Another 224 ITR 362 (SC) as well as the decision of Hon’ble Jurisdictional High Court in the case of Pushpak Bullion (P) Ltd. (2017) 85 taxmann.com 84 (Gujarat) wherein the Hon’ble High Court held that the information received from Investigation Wing is sufficient for making a reasonable plea for reopening. 8 ITA 533 & 555/SRT/2019 ITO Vs. Sh. Jitendra Axaysingh Ba…

Jsk Industries Private Limited, Mumbai vs. DCIT CC-8(1), Mumbai

ITA 5891/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Oct 2021AY 2010-11

Bench: Shri Rajesh Kumar & Shri Amarjit Singh

Section 147Section 68

…original assessment proceedings. Hence, there is no question of change of opinion as held in the following judgements: 1. Kalyanji Mavji & Co. vs. CIT 102 ITR 287 (SC) 2. Esskay Engineering P. Ltd. vs. CIT 247 ITR 818 3. ITO vs. Purushottam Das Bangur & Anr. 224 ITR 362 (SC) M/s. JSK Industries Pvt. Ltd. & ors 8.21 In Writ Petition. No.9036 of 2007, Honda Siel Power Products Ltd. vs. Dy CIT &Anr. Decision dt. 14th Feb. 2011 (reported at (2011) 52 DTK (Del) 353 - Ed.) it was held: "10 The term 'failure' on the part of the assessee is not restricted only to the IT return and the columns of the IT return or the ta…

ITO, Ward-2(3)(7), Surat vs. Dipakkumar S. Mehta, Surat

In the result, the appeal of the Revenue in (ITA No

ITA 1503/AHD/2017[2007-08]Status: DisposedITAT Surat22 Sept 2021AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1503/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2007-08) (Virtual Court Hearing) The Ito, Ward-2(3)(7), Vs. Shri Dipakkumar S. Mehta, Surat. Prop. Of Seema Impex, 401, 6/1582, Kumbhar Sheri, Mahidharpura, Surat-395009. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afapm8151K (Revenue) (Assessee) आयकरअपीलसं./Ita No.1461/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2007-08) (Virtual Court Hearing) Shri Deepak S. Mehta, Vs. The Ito, Ward-2(3)(7), C/O. 302, Nishit Diamond Complex, Surat. Gujjar Falia, Mahidharpura, Surat-395009. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afapm8151K (Assessee) (Revenue)

For Appellant: Shri Himashu Gandhi, CAFor Respondent: Shri O.P. Vaishnav, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 148Section 151

…the ld Counsel that the report of the Director of Income Tax (Investigation) -II, Mumbai, cannot constitute a reason to believe within the meaning of section 147 is misplaced in law and facts. The Supreme Court in the case of Purushottam Das Bangur & Anotherts224 ITR 362 (SC) held as under: "Assessee claiming long-term capital loss on sale of shares. Income-Tax Officer accepts the claim. Later on receipt of a letter from DDI that the fair market value of the share on the date of sale is much more than the Official Quotation due to the fact that the company was prospering at the time, the Income-tax Officer issued…

Deepak S. Mehta, Surat vs. ITO, Ward-2(3)(7), Surat

In the result, the appeal of the Revenue in (ITA No

ITA 1461/AHD/2017[2007-08]Status: DisposedITAT Surat22 Sept 2021AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1503/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2007-08) (Virtual Court Hearing) The Ito, Ward-2(3)(7), Vs. Shri Dipakkumar S. Mehta, Surat. Prop. Of Seema Impex, 401, 6/1582, Kumbhar Sheri, Mahidharpura, Surat-395009. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afapm8151K (Revenue) (Assessee) आयकरअपीलसं./Ita No.1461/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2007-08) (Virtual Court Hearing) Shri Deepak S. Mehta, Vs. The Ito, Ward-2(3)(7), C/O. 302, Nishit Diamond Complex, Surat. Gujjar Falia, Mahidharpura, Surat-395009. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afapm8151K (Assessee) (Revenue)

For Appellant: Shri Himashu Gandhi, CAFor Respondent: Shri O.P. Vaishnav, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 148Section 151

…the ld Counsel that the report of the Director of Income Tax (Investigation) -II, Mumbai, cannot constitute a reason to believe within the meaning of section 147 is misplaced in law and facts. The Supreme Court in the case of Purushottam Das Bangur & Anotherts224 ITR 362 (SC) held as under: "Assessee claiming long-term capital loss on sale of shares. Income-Tax Officer accepts the claim. Later on receipt of a letter from DDI that the fair market value of the share on the date of sale is much more than the Official Quotation due to the fact that the company was prospering at the time, the Income-tax Officer issued…

J.D. Sons Steel Pvt. Ltd., Faridabad vs. ACIT, Faridabad

In the result, the appeal of the assessee is allowed

ITA 1061/DEL/2015[2009-10]Status: DisposedITAT Delhi31 Aug 2021AY 2009-10

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Rajesh Jain, CAFor Respondent: Shri Umesh Takiyar, Sr.D.R
Section 139Section 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 148(1)Section 148(2)Section 68

…tent the appellant's reliance on a judgment of Delhi K High Court in the case of CIT vs. Insecticides (India) Ltd. 357 ITR 330 (Delhi) can be clearly distinguished from the case of the instant case. In fact in the case of ITO vs. Purshottam Dass Bangur (1997) 224 ITR 362 (SC) the Hon'ble Supreme Court has clearly held that letter from Deputy Director (Investigation) constitutes information and reasons to believe that income have escaped assessment. In fact herein the Hon'ble Supreme Court has also held that merely because the notice was sent on the next day of the receipt of the information from the DDIT (lnv.) d…

Sikkim Ferro Alloys Ltd, Mumbai vs. DCIT Cen Cir 6, Mumbai

In the result, all these appeals are allowed for statistical purpose

ITA 2062/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Aug 2021AY 2011-12

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

For Appellant: Shri D.C.Bothra & Shri R. K. SinghFor Respondent: Shri Manpreet S Duggal
Section 132(1)

…of original assessment proceedings. Hence, there is no question of change of opinion as held in the following judgements: 1. Kalyanji Mavji& Co. vs. CIT 102 ITR 287 (SC) 2. Esskay Engineering P. Ltd. vs. CIT 247 ITR 818 3. ITO vs. Purushottam Das Bangur&Anr. 224 ITR 362 (SC) 8.14 In Writ Petition, No.903G of 2007, Honda Siel Power Products Ltd. vs. CIT &Anr. Decision dt. 14th Feb. 2011 (reported at (2011) 52 DTR (Del) 353-Ed.) it was held: '10 The term 'failure1 on the pan of the assessee is not restricted only to the IT return and the columns of the IT return or the tax audit report. This is the first stage.…

DCIT Cen Cir 1(4), Mumbai vs. Sikkim Ferro Alloys Ltd, Mumbai

In the result, all these appeals are allowed for statistical purpose

ITA 3968/MUM/2016[2007-08]Status: DisposedITAT Mumbai11 Aug 2021AY 2007-08

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

For Appellant: Shri D.C.Bothra & Shri R. K. SinghFor Respondent: Shri Manpreet S Duggal
Section 132(1)

…of original assessment proceedings. Hence, there is no question of change of opinion as held in the following judgements: 1. Kalyanji Mavji& Co. vs. CIT 102 ITR 287 (SC) 2. Esskay Engineering P. Ltd. vs. CIT 247 ITR 818 3. ITO vs. Purushottam Das Bangur&Anr. 224 ITR 362 (SC) 8.14 In Writ Petition, No.903G of 2007, Honda Siel Power Products Ltd. vs. CIT &Anr. Decision dt. 14th Feb. 2011 (reported at (2011) 52 DTR (Del) 353-Ed.) it was held: '10 The term 'failure1 on the pan of the assessee is not restricted only to the IT return and the columns of the IT return or the tax audit report. This is the first stage.…

Sikkim Ferro Alloys Ltd, Mumbai vs. DCIT Cen Cir 6 (Old), Mumbai

In the result, all these appeals are allowed for statistical purpose

ITA 3245/MUM/2016[2007-08]Status: DisposedITAT Mumbai11 Aug 2021AY 2007-08

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

For Appellant: Shri D.C.Bothra & Shri R. K. SinghFor Respondent: Shri Manpreet S Duggal
Section 132(1)

…of original assessment proceedings. Hence, there is no question of change of opinion as held in the following judgements: 1. Kalyanji Mavji& Co. vs. CIT 102 ITR 287 (SC) 2. Esskay Engineering P. Ltd. vs. CIT 247 ITR 818 3. ITO vs. Purushottam Das Bangur&Anr. 224 ITR 362 (SC) 8.14 In Writ Petition, No.903G of 2007, Honda Siel Power Products Ltd. vs. CIT &Anr. Decision dt. 14th Feb. 2011 (reported at (2011) 52 DTR (Del) 353-Ed.) it was held: '10 The term 'failure1 on the pan of the assessee is not restricted only to the IT return and the columns of the IT return or the tax audit report. This is the first stage.…

The Assistant Commr. of Income Tax, Cen. Circle-1, Jamnagar vs. Shri Meraman H. Parmar, Jamnagar

In the result, appeal filed by the Revenue is dismissed

ITA 42/RJT/2016[2012-13]Status: DisposedITAT Rajkot30 Jul 2021AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed) [Through Virtual Court]

For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri S. S. Rathi, Sr. D.R
Section 147Section 234ASection 269SSection 271DSection 271dSection 288

…ave held that the position of law pointed out even by internal audit party constitutes valid reason for re-opening the assessment. Moreover, this view has also been upheld by the Hon’ble Supreme Court in the case of ITO V/s. Purushottam Das Bangur & Anr. (SC) 224 ITR 362. 5. In response to the notices issued on various dates, Shri Chetan Agarwal, Chartered Accountant and authorized representative of the assessee attended from time to time and submitted the details as called for. The details submitted by the A.R. have been verified. 6. Subject to the above remarks, the income of the assessee is recomputed as belo…

Space Chem Engineers Private Limited, Ghaziabad vs. ITO Ward-2(3), Ghaziabad

In the result the appeal filed by the assessee is allowed

ITA 1791/DEL/2019[2008-09]Status: DisposedITAT Delhi18 Mar 2021AY 2008-09

Bench: Shri R.K. Pandaasstt. Year 2008-09

For Appellant: Shri Akhilesh Kumar, AdvocateFor Respondent: Shri Sanjiv Mahajan, Sr. DR
Section 142(1)Section 147Section 148Section 271(1)(b)Section 68

…eceived information from Investigation Wing for issue of notice u/s 147, AO is to discharge his official duty by taking action u/s 147. Reliance is placed in this regard on the decision of Hon'ble Apex Court in cases of ITO vs Purshottam Das Banur & Anr. (SC) 224 ITR 362 and ITO vs Selected Dalurband Coal Co. (P) Ltd. (SC) 217 ITR 597. 5.2.1 According to the appellant, while recording reasons, AO has mentioned the name of different companies than the actual company from who appellant has taken the share application money. This fact was appropriately dealt in by AO as according to the AO appellant has accepted sha…

ACIT (OSD), Ward - 12(3), Kolkata vs. M/S. Amrabathi Investra Pvt. Ltd., Kolkata

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 365/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT
Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

…ed is reason to believe and not the established fact of escapement of income. 191ITR662 Delhi iii) 147 (b): information- ITO justified in reopening assessment on basis of DDI (Inv) letter containing facts and information PURSHOTTAM D. SANGUR : 139 CTR 32(SC) ,224 ITR 362 (SC) iv) Merely “during assessment, material was on record does not mean that AO has deliberated on it: PRAFUL C. PATEL VS M. J. MAX WAN A ACTT: 148 CTR 62 (Guj) v) 236ITR 34 (SC) Raymond woolen Mills- It is only to be seen whether there was a prima facie case for reopening or not. Sufficiency of reasons not to be seen. vi) 254 ITR 370 (cal) Hind…

Amrabathi Investra Pvt. Ltd., Kolkata vs. ITO, Ward - 12(3), Kolkata

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 231/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT
Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

…ed is reason to believe and not the established fact of escapement of income. 191ITR662 Delhi iii) 147 (b): information- ITO justified in reopening assessment on basis of DDI (Inv) letter containing facts and information PURSHOTTAM D. SANGUR : 139 CTR 32(SC) ,224 ITR 362 (SC) iv) Merely “during assessment, material was on record does not mean that AO has deliberated on it: PRAFUL C. PATEL VS M. J. MAX WAN A ACTT: 148 CTR 62 (Guj) v) 236ITR 34 (SC) Raymond woolen Mills- It is only to be seen whether there was a prima facie case for reopening or not. Sufficiency of reasons not to be seen. vi) 254 ITR 370 (cal) Hind…