ITO v. Selected Dalurband Coal Co. (P.) Ltd.

217 ITR 597Supreme Court of India1996#533 most cited

What is ITO v. Selected Dalurband Coal Co. (P.) Ltd. authority for?

The Assessing Officer's belief that income has escaped assessment, leading to the reopening of an assessment, is a matter of subjective satisfaction. The materials available at the time of forming this belief do not need to conclusively prove the escapement of income.

180

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2008 to 2025.

Also referred to as

ITO v. Selected Dalurband Coal Co. · section 147 · section 148 · reason to believe · subjective satisfaction · escapement of income · borrowed satisfaction · change of opinion · tangible material · live link

Sections most often in play

Section 147Section 148Section 143(3)Section 151Section 133(6)Section 142(1)Section 271(1)(c)Section 131

Issues it is cited on

section 147(a)full and true disclosurematerial facts necessary for assessmentescapement of incomeborrowed satisfactionincome escaping assessmentmere change of opinionlive linkreason to believetangible materialchange of opinionkelvinator

Judgments citing ITO v. Selected Dalurband Coal Co. (P.) Ltd.

Shree Ginger Enterprises Ltd, Mumbai vs. DCIT Cen Cr 5(2), Mumbai

In the result, all the appeals by the assessee are partly allowed for statistical purpose

ITA 2641/MUM/2017[2012-13]Status: DisposedITAT Mumbai19 Oct 2022AY 2012-13

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

For Appellant: NoneFor Respondent: Shri Manoj Kumar
Section 133ASection 143(2)Section 147Section 148Section 250

…ther the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC).” Shree Ginger Enterprises Ltd. ÄY 200–10, 2010–11, 2011–12, 2012–13, 2013–14, 2014–15 & 2015–16 7. Thus, if there is relevant material on the basis of which reasonable person can form a requisite belief that income chargeable to tax has escaped assessment, then proceedings under sect…

Shri. Ashok Kumar V Sanghi, Mumbai vs. ITO Ward 2 (3)(2), Mumbai

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 7952/MUM/2019[2010-11]Status: DisposedITAT Mumbai26 Sept 2022AY 2010-11

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

For Appellant: Shri Piyush Chhajed a/wFor Respondent: Shri Ajeya Kumar Ojha
Section 143(2)Section 143(3)Section 147Section 148Section 250

…scapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co. (P.) Ltd. Shri Ashok Kumar V. Sanghi ITA No.7952/Mum./2019 [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC).” 9. Thus, if there is reasonable information on the basis of which reasonable person can form a requisite belief that income chargeable to tax has escaped assessment, then proceedings under section 147 of the Act can be validly initiated. Further, it is also well settled that suffic…

ITO Ward - 10(4), New Delhi vs. Gungun Gold Infra Pvt Ltd, New Delhi

The appeal is allowed for statistical purposes

ITA 5143/DEL/2019[2010-11]Status: DisposedITAT Delhi15 Sept 2022AY 2010-11

Bench: Shri N. K. Billaiya & Shri Anubhav Sharmaito, Vs. Gungun Gold Infra Pvt. Ltd, 3Rd Floor, 1185, Kucha Ward-10(4), New Delhi Mahajani, Chandni Chowk, New Delhi (Appellant) (Respondent) Pan:Aahcs7132B

For Appellant: Shri Hiren Mehta, CAFor Respondent: Shri Rajesh Kumar, CIT DR
Section 143(1)Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITO, Vs. Gungun Gold Infra Pvt. Ltd, 3rd Floor, 1185, Kucha Ward-10(4), New Delhi Mahajani, Chandni Chowk, New Delhi (Appellant) (Respondent) PAN:AAHCS7132B Assessee by : Shri Hiren Mehta, CA Shri Nirbhay Mehta, Adv Revenue by: Shri Rajesh Kumar, CIT DR Date of Hearing 01/09/2022 Date of pronouncement 15/09/2022 O R D E R PER ANUBHAV SHARMA, J. M.: 1. The appeal has been preferred by the revenue against the order dated 26.03.2019 of CIT(A)-08, New Delhi (hereinafter ref…

Shri Baljinder Singh, Bathinda vs. Income Tax Officer, Ward 2(1), Bathinda

In the result, both the appeals are disposed off in the terms indicated as above

ITA 148/ASR/2018[2009-10]Status: DisposedITAT Amritsar24 Aug 2022AY 2009-10

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

For Appellant: Sh. J. K. Gupta, AdvFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 148Section 69A

…r the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down t…

Shrimati Manjit Kaur, Bathinda vs. Income Tax Officer, Ward 2 (1), Bathinda

In the result, both the appeals are disposed off in the terms indicated as above

ITA 147/ASR/2018[2009-10]Status: DisposedITAT Amritsar24 Aug 2022AY 2009-10

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

For Appellant: Sh. J. K. Gupta, AdvFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 148Section 69A

…r the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid down t…

Shri Amit Mangilal Jain, Mumbai vs. ACIT, - 33(1), Mumbai

In the result, the appeals filed by the assessee are dismissed and the appeals filed by the revenue are allowed for statistical purposes

ITA 3331/MUM/2019[2009-10]Status: HeardITAT Mumbai24 Aug 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaleita No. 3331 & 3332/Mum/2019 (A.Ys: 2009-10 & 2010-11) Shri Amit Mangilal Jain Vs. Acit – 33(1) 2Nd Floor, Arkade House, 103, 1St Floor, Atmaram Sawnt Marg, Eastern House, Kandivali (E), Nariman Point, Mumbai – 400101. Mumbai – 400021. Pan/Gir No. : Aabpj0925G Appellant .. Respondent

For Appellant: Shri Naresh JainFor Respondent: Shri Krishna Kumar.DR
Section 131Section 143(2)Section 143(3)Section 147Section 148Section 153C

…not, is not the concern at the stage of reopening. This is so because the formation of belief by the Assessing Officer is within his subjective satisfaction -refer Supreme Court's decision in the cases of ITO vs. Select Dalurband Coal Company Pvt. Ltd. (1996) 217 ITR 597, 599 (SC) and Central Province Manganese Ore Company Ltd. vs. ITO (1991) ITR 662, 666 (SC).The action u/s.147 is possible despite complete disclosure of material facts if there is any escapement of assessment proceedings vide Praful Chunilal Patel, Vasant Chunilal Patel vs. ACIT (1999) 236 ITR 832, 840 (Guj), Stock Exchange vs. ACIT (1997) 227 IT…

DCIT, Bangalore vs. Shri. Sumir J Hinduja, Bangalore

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

ITA 1374/BANG/2012[2006-07]Status: DisposedITAT Bangalore22 Jul 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

For Appellant: Shri Susan Dolores George, D.RFor Respondent: Shri Ashok A Kulkarni, A.R
Section 147Section 148Section 2(22)(e)

…hether the materials would conclusively prove the escapement is not the concern at that stage. This is so because theformation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Daurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 14.7 as substituted with effect from 1-4-1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (h) laid down the…

DCIT, Bangalore vs. Shri. Jagadish N Hinduja, Bangalore

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

ITA 1373/BANG/2012[2006-07]Status: DisposedITAT Bangalore22 Jul 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

For Appellant: Shri Susan Dolores George, D.RFor Respondent: Shri Ashok A Kulkarni, A.R
Section 147Section 148Section 2(22)(e)

…hether the materials would conclusively prove the escapement is not the concern at that stage. This is so because theformation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Daurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 14.7 as substituted with effect from 1-4-1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (h) laid down the…

Shri.J M Vrushabendraiah, Hospet vs. Assistant Commissioner of Income Tax Circle-1, Bellary

The appeal of the assessee is partly allowed

ITA 299/BANG/2019[2010-11]Status: DisposedITAT Bangalore20 Jul 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

For Appellant: Shri Srihari Kutsa, A.RFor Respondent: Shri Narayana K.R., D.R
Section 147Section 148Section 153CSection 250

…ther the materials would conclusively prove the escapement is not the concern at that stage. This is so because the, formation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Daurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 14.7 as substituted with effect from 1-4-1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (h) laid down the…

Hitesh Chhatwal, Mumbai vs. DCIT CC -5(4), Mumbai

In the result, the appeals of the assessee are allowed while for the appeal of the revenue are dismissed

ITA 6418/MUM/2019[2011-12]Status: DisposedITAT Mumbai24 Jun 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

For Appellant: Mani JainFor Respondent: Vinay Sinha
Section 54F

…are true or not, is not the concern at this stage. This is so because the formation of belief by the Assessing Officer is within his subjective satisfaction -refer Supreme Court’s decision in the cases of ITO us. Select Dalurband Coal Company Put. Ltd. (1996) 217 ITR 597, 599 (SC) and Central Province Manganese Ore Company Ltd. vs. ITO (1991) ITR 662, 666 (SC). In the case of Peass Industrial Engineers (P) Ltd. v CIT (2016) 289 CTR (Guj) 139 information was received from investigation wing regarding bogus entry operators and the assesse being one such beneficiary. It was held that whether assessee is a beneficiar…

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

…rband Coal (P.) Ltd. [1978] 113 ITR 510 (Cal.) (ii). Hon’ble Calcutta High Court decision in the case of Selected. Dalurband Coal (P.) Ltd. [1978] 113 ITR 489 (Cal.) (iii). Hon’ble Supreme Court decision in the case of Selected Dalurband Coal (P.) Ltd. [1996] 217 ITR 597 (SC) (iv). Hon’ble High Court of Gujarat decision in the case of Jayant Security & Finance Ltd. Vs. ACIT Circle 1(1) [2018] 91 taxmann.com 181 (Gujarat) (v). Hon’ble Supreme Court decision in the case of Raymond Woolen - Mills Ltd. Vs. Income Tax Officer [1999] 236 ITR 34 (SC) (vi). Hon’ble Madras High Court decision in the case of Triveni Earthm…

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

…rband Coal (P.) Ltd. [1978] 113 ITR 510 (Cal.) (ii). Hon’ble Calcutta High Court decision in the case of Selected. Dalurband Coal (P.) Ltd. [1978] 113 ITR 489 (Cal.) (iii). Hon’ble Supreme Court decision in the case of Selected Dalurband Coal (P.) Ltd. [1996] 217 ITR 597 (SC) (iv). Hon’ble High Court of Gujarat decision in the case of Jayant Security & Finance Ltd. Vs. ACIT Circle 1(1) [2018] 91 taxmann.com 181 (Gujarat) (v). Hon’ble Supreme Court decision in the case of Raymond Woolen - Mills Ltd. Vs. Income Tax Officer [1999] 236 ITR 34 (SC) (vi). Hon’ble Madras High Court decision in the case of Triveni Earthm…

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

…rband Coal (P.) Ltd. [1978] 113 ITR 510 (Cal.) (ii). Hon’ble Calcutta High Court decision in the case of Selected. Dalurband Coal (P.) Ltd. [1978] 113 ITR 489 (Cal.) (iii). Hon’ble Supreme Court decision in the case of Selected Dalurband Coal (P.) Ltd. [1996] 217 ITR 597 (SC) (iv). Hon’ble High Court of Gujarat decision in the case of Jayant Security & Finance Ltd. Vs. ACIT Circle 1(1) [2018] 91 taxmann.com 181 (Gujarat) (v). Hon’ble Supreme Court decision in the case of Raymond Woolen - Mills Ltd. Vs. Income Tax Officer [1999] 236 ITR 34 (SC) (vi). Hon’ble Madras High Court decision in the case of Triveni Earthm…

Shri Rajeev Nataraj Legal Heir of Late Shri P Nataraj, Bangalore vs. Income Tax Officer Ward-10(2), Bangalore

In the result appeal filed by assessee stands allowed

ITA 848/BANG/2019[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 Shri Rajeev Nataraj, L/H Of Late Shri P Nataraj, No. 63, 1St Cross, The Income Tax Udaya Nagar, Officer, Chikkalsandra, Off Ward 10(2), Uttarahalli Road, Bangalore. Vs. Bangalore – 560 061. Pan: Ahapn9475D Appellant Respondent Assessee By : Shri H. Siva Prasad Reddy, Ar : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 09-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 11/02/2019 Passed By The Ld.Cit(A)-3, Bangalore For Assessment Year 2008-09 On Following Grounds Of Appeal: “1. The Impugned Order Passed By The Learned Commissioner Of Income-Tax [Appeals] U/S 250 Of The Act & That Of The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R/W 147 Of The Act To The Extent Which Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R.W.S 147 Of The Act Is Bad In Law Since The Mandatory Conditions As Envisaged

For Appellant: Shri H. Siva Prasad Reddy, AR
Section 143Section 234Section 250Section 54

…ation stage, what is required is ‘reason to believe’, based on tangible material but not the established fact of escapement of income. We also rely on the decisions of Hon’ble Supreme Court in case of ITO vs. Selected Dalutband Co.Pvt.Ltd., reported in (1996) 217 ITR 597 and Raymond Wollen Mills Ltd. vs. ITO reported in (1999) 236 ITR 34. Hon’ble Supreme Court in these cases held that, so long as the ingredients of section 147 are fulfilled, the Ld.AO is free to initiate proceeding under section 147. Page 14 of 17 Accordingly we do not find any merit in the legal issue raised by assessee and the same stands dismi…

Sarita Dudheria, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 1(1)(2), Bangalore

In the result, all the three appeals filed by assessee stands partly allowed for statistical purposes for all the years under consideration

ITA 382/BANG/2020[2015-16]Status: DisposedITAT Bangalore15 Mar 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri K.R. Pradeep & Ms. Girija
Section 10(38)

…n other words, at the initiation stage, what is required is ‘reason to believe’, but not the established fact of escapement of income. We also rely on the decisions of Hon’ble Supreme Court in case of ITO vs. Selected Dalutband Co.Pvt.Ltd., reported in (1996) 217 ITR 597 and Raymond Wollen Mills Ltd. vs. ITO reported in (1999) 236 ITR 34. Hon’ble Supreme Court in these cases held that, so long as the ingredients of section 147 are fulfilled, the Ld.AO is free to initiate proceeding under section 147 and failure to take steps under 143(3) will not render the Ld.AO powerless to initiate reassessment proceedings eve…

Sarita Dudheria, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 1(2), Bangalore

In the result, all the three appeals filed by assessee stands partly allowed for statistical purposes for all the years under consideration

ITA 381/BANG/2020[2014-15]Status: DisposedITAT Bangalore15 Mar 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri K.R. Pradeep & Ms. Girija
Section 10(38)

…n other words, at the initiation stage, what is required is ‘reason to believe’, but not the established fact of escapement of income. We also rely on the decisions of Hon’ble Supreme Court in case of ITO vs. Selected Dalutband Co.Pvt.Ltd., reported in (1996) 217 ITR 597 and Raymond Wollen Mills Ltd. vs. ITO reported in (1999) 236 ITR 34. Hon’ble Supreme Court in these cases held that, so long as the ingredients of section 147 are fulfilled, the Ld.AO is free to initiate proceeding under section 147 and failure to take steps under 143(3) will not render the Ld.AO powerless to initiate reassessment proceedings eve…

Sarita Dudheria, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 1(2), Bangalore

In the result, all the three appeals filed by assessee stands partly allowed for statistical purposes for all the years under consideration

ITA 380/BANG/2020[2013-14]Status: DisposedITAT Bangalore15 Mar 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri K.R. Pradeep & Ms. Girija
Section 10(38)

…n other words, at the initiation stage, what is required is ‘reason to believe’, but not the established fact of escapement of income. We also rely on the decisions of Hon’ble Supreme Court in case of ITO vs. Selected Dalutband Co.Pvt.Ltd., reported in (1996) 217 ITR 597 and Raymond Wollen Mills Ltd. vs. ITO reported in (1999) 236 ITR 34. Hon’ble Supreme Court in these cases held that, so long as the ingredients of section 147 are fulfilled, the Ld.AO is free to initiate proceeding under section 147 and failure to take steps under 143(3) will not render the Ld.AO powerless to initiate reassessment proceedings eve…

Jai Jagannath Mover P. Ltd., Kolkata vs. I.T.O., Ward-11(4), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 206/KOL/2020[2009-10]Status: DisposedITAT Kolkata18 Feb 2022AY 2009-10

Bench: Shri A. T. Varkey, Jm]

Section 147

…me has escaped assessment to tax. 20. The judgments in cases of Phool Chand Bajrang Lal v. ITO [1993] 69 Taxman 627/203 ITR 456 (SC), I.P. Patel & Co. v. Dy. CIT [2012] 27 taxmann.com 200/346 ITR 207 (Guj.), ITO v. Selected Dalurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC), Rattan Gupta v. Union of India [1998] 234 ITR 220 (Delhi), AGR Investment Ltd. v. Addl. CIT [2011] 9 taxmann.com 62/197 Taxman 177/333 ITR 146 (Delhi), Raymond Wollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC) and Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 161 Taxman 316/291 ITR 500 (SC), cited by learned Counsel for the reve…

Ashok Kumar Agarwal & Sons (HUF), Mumbai vs. Dy CIT -CC-7(3), Mumbai

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

ITA 647/MUM/2021[2013-14]Status: DisposedITAT Mumbai14 Dec 2021AY 2013-14
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…ther the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 3.3. In view of the aforesaid observations, we hold that the ld. AO had rightly assumed jurisdiction to reopen the assessment u/s 147 of the Act in the instant case. Accordingly, the ground nos. 1(a) to 1(c ) raised by the assessee are dismissed. 4. On merits, though the assessee has…

Shashi Agarwal, Mumbai vs. Dy CIT -CC-7(3), Mumbai

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

ITA 646/MUM/2021[2013-14]Status: DisposedITAT Mumbai14 Dec 2021AY 2013-14
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…ther the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co. (P.) Ltd. [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 3.3. In view of the aforesaid observations, we hold that the ld. AO had rightly assumed jurisdiction to reopen the assessment u/s 147 of the Act in the instant case. Accordingly, the ground nos. 1(a) to 1(c ) raised by the assessee are dismissed. 4. On merits, though the assessee has…