Phool Chand Bajrang Lal v. ITO

203 ITR 456Supreme Court of India1993#186 most cited

What is Phool Chand Bajrang Lal v. ITO authority for?

Reassessment proceedings under Section 147 are valid even after a scrutiny assessment under Section 143(3), provided the Assessing Officer forms a reason to believe, based on definite, specific, and reliable information, that income escaped assessment due to the assessee's failure to fully and truly disclose material facts.

396

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2007 to 2026.

Also referred to as

Phool Chand Bajrang Lal · Section 147 reassessment · Section 148 notice · reason to believe income escaped · full and true disclosure failure · definite and reliable information · reopening after 143(3) assessment · validity of reassessment proceedings · income escaping assessment reason to believe · SC judgment reopening assessment

Also reported as

69 Taxmann 6274 SCC 7769 Taxmann.com 627

Sections most often in play

Section 147Section 148Section 143(3)Section 142(1)Section 151Section 68Section 139Section 133(6)
Read the full judgment

Issues it is cited on

section 147(a)true and full disclosurefull and true disclosurebeyond four yearslive linkmaterial facts necessary for assessmentkelvinatorborrowed satisfactionmere change of opinionincome escaping assessmentreason to believeescapement of income

Judgments citing Phool Chand Bajrang Lal v. ITO

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 754/SRT/2018[2014-15]Status: DisposedITAT Surat28 Jun 2022AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

M/S. Kesari Exports, Surat vs. DCIT, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 753/SRT/2018[2010-11]Status: DisposedITAT Surat28 Jun 2022AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

The DCIT, Circle-3(3), Surat vs. M/S. Keshri Exports, Surat

In the result, appeals filed by assessees (ITA Nos

ITA 920/AHD/2017[2013-14]Status: DisposedITAT Surat28 Jun 2022AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

The DCIT, Circle-3(3), Surat vs. M/S. Keshri Exports, Surat

In the result, appeals filed by assessees (ITA Nos

ITA 919/AHD/2017[2012-13]Status: DisposedITAT Surat28 Jun 2022AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

The DCIT, Circle-3(3), Surat vs. M/S. Keshri Exports, Surat

In the result, appeals filed by assessees (ITA Nos

ITA 918/AHD/2017[2009-10]Status: DisposedITAT Surat28 Jun 2022AY 2009-10

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

The DCIT, Circle-3(3), Surat vs. M/S. Keshri Exports, Surat

In the result, appeals filed by assessees (ITA Nos

ITA 917/AHD/2017[2008-09]Status: DisposedITAT Surat28 Jun 2022AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

The DCIT, Circle-3(3), Surat vs. M/S. Keshri Exports, Surat

In the result, appeals filed by assessees (ITA Nos

ITA 916/AHD/2017[2007-08]Status: DisposedITAT Surat28 Jun 2022AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 893/AHD/2017[2013-14]Status: DisposedITAT Surat28 Jun 2022AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 892/AHD/2017[2012-13]Status: DisposedITAT Surat28 Jun 2022AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 891/AHD/2017[2009-10]Status: DisposedITAT Surat28 Jun 2022AY 2009-10

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 890/AHD/2017[2008-09]Status: DisposedITAT Surat28 Jun 2022AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Keshri Exports, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result, appeals filed by assessees (ITA Nos

ITA 889/AHD/2017[2007-08]Status: DisposedITAT Surat28 Jun 2022AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos. 889 To 893/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 916 To 920/Ahd/2017 Assessment Years: (2007-08 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 753 To 754/Srt/2018 Assessment Years: (2010-11 To 2013-14) (Physical Court Hearing) The Dcit, Circle-3(3), Vs. Keshri Exports, Surat. Shreeji Chambers, Sadhina Society, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent) आयकर अपील सं./Ita Nos. 761 To 762/Srt/2018 Assessment Years: (2010-11 To 2014-15) (Physical Court Hearing) Keshri Exports, Vs. The Dcit, Circle-3(3), Shreeji Chambers, Sadhina Society, Surat. Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadfk 3785 D (Appellant) (Respondent)

Section 132(4)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)

…hat the purchases claimed were non-genuine/mere accommodation entry on bogus purchases, and therefore bogus, (clearly meaning that what was disclosed was false and untruthful). The Hon'ble Supreme Court in the case of Phul Chand BajrangLal and another vs. ITO 203 ITR 456, was considering the question of reassessment beyond the period of four years in the case of an assessee firm; and had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement 889 to 893 & 916 to 920/AHD/2017, 753 to 754 & 761 to 762/SRT/2018 Asses…

Rambir Singh, Ghaziabad vs. ITO Ward 3(5), Hapur

In the result, the appeal filed by the assessee is allowed

ITA 2748/DEL/2019[2009-10]Status: DisposedITAT Delhi22 Jun 2022AY 2009-10
Section 133Section 147

…decision can not, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of Phool Chand Bajrang Lal Vs ITO [(1993) 203 ITR 456], that was case in which Their Lordships concluded that the AO “rightly initiated the reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the original assessment proceedings, the assessee had not disclosed the material fa…

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

Appeals are allowed in above terms

ITA 454/PUN/2019[2012-13]Status: DisposedITAT Pune31 May 2022AY 2012-13

Bench: Shri S.S.Godara

Section 132Section 148

…decision cannot, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of Phool Chand Bajrang Lal Vs ITO [(1993) 203 ITR 456], that was case in which Their Lordships concluded that the AO “rightly initiated the Sanjay S. Navale & Sukhdeo N. Navale reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the original assessment proceedings, the ass…

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

Appeals are allowed in above terms

ITA 453/PUN/2019[2010-11]Status: DisposedITAT Pune31 May 2022AY 2010-11

Bench: Shri S.S.Godara

Section 132Section 148

…decision cannot, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of Phool Chand Bajrang Lal Vs ITO [(1993) 203 ITR 456], that was case in which Their Lordships concluded that the AO “rightly initiated the Sanjay S. Navale & Sukhdeo N. Navale reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the original assessment proceedings, the ass…

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

Appeals are allowed in above terms

ITA 452/PUN/2019[2012-13]Status: DisposedITAT Pune31 May 2022AY 2012-13

Bench: Shri S.S.Godara

Section 132Section 148

…decision cannot, therefore, be taken as an authority on the legal issue which did not even come up for specific adjudication before Their Lordships. As for her reliance on Hon’ble Supreme Court’s judgment in the case of Phool Chand Bajrang Lal Vs ITO [(1993) 203 ITR 456], that was case in which Their Lordships concluded that the AO “rightly initiated the Sanjay S. Navale & Sukhdeo N. Navale reassessment proceedings on the basis of subsequent information, which was specific relevant and reliable, and after recording the reasons for formation of his own belief that in the original assessment proceedings, the ass…

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 copy of affirmation made by PEC in its assessment proceeding not obtained but acted on conclusion drawn by said officer without any further enquiry. Hence notice is bad in C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., law. In PHOOLCHAND BAJRANGLAL 203 ITR 456 SC, the court held "ITO acquires jurisdiction to reopen assessment under s 147(a) t/ws 148 only if on the basis of specific, reliable and relevant information coming to his possession subsequently ",which tends to expose untruthfulness of facts. Sufficiency of material cannot be challenged but open to assessee to establish that there in fact exis…

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 copy of affirmation made by PEC in its assessment proceeding not obtained but acted on conclusion drawn by said officer without any further enquiry. Hence notice is bad in C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., law. In PHOOLCHAND BAJRANGLAL 203 ITR 456 SC, the court held "ITO acquires jurisdiction to reopen assessment under s 147(a) t/ws 148 only if on the basis of specific, reliable and relevant information coming to his possession subsequently ",which tends to expose untruthfulness of facts. Sufficiency of material cannot be challenged but open to assessee to establish that there in fact exis…

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 copy of affirmation made by PEC in its assessment proceeding not obtained but acted on conclusion drawn by said officer without any further enquiry. Hence notice is bad in C.O. No. 221/MUM/2018 M/s. Phulchand Exports Pvt. Ltd., law. In PHOOLCHAND BAJRANGLAL 203 ITR 456 SC, the court held "ITO acquires jurisdiction to reopen assessment under s 147(a) t/ws 148 only if on the basis of specific, reliable and relevant information coming to his possession subsequently ",which tends to expose untruthfulness of facts. Sufficiency of material cannot be challenged but open to assessee to establish that there in fact exis…

Shri Kushal R Jain, Surat vs. ITO-3(3)(3), Surat

In the result, appeals filed by the assessee in ITA Nos

ITA 215/SRT/2020[2007-08]Status: DisposedITAT Surat29 Mar 2022AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos. 420 & 504 /Srt/2019 ("नधा"रणवष" / Assessment Year: (2007-08) (Virtual Court Hearing) Shri Gautam Chunilal Jain, Vs. The Ito, Ward-2(3)(7), Prop. Of M/S Sai Star, 286, Laxmi Surat. Nagar Society, Nr. Tikam Nagar, Lambe Hanuman Road, Surat. (Assessee) (Revenue) The Ito, Ward-2(3)(7), Vs. Shri Gautam Chunilal Jain, Surat. Prop. Of M/S Sai Star, 286, Laxmi Nagar Society, Nr. Tikam Nagar, Lambe Hanuman Road, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abhpl0577D (Revenue) (Assessee) आयकरअपीलसं./Ita Nos. 215/Srt/2020 & 575/Srt/2019 ("नधा"रणवष" / Assessment Year: (2007-08) Shri Kushal R. Jain, The Ito, Ward-3(3)(3), Vs. Prop. M/S Kunal Gems, C/O. Surat. 901, Rajhans Tower, Mini Bazar, Varachha, Surat. (Assessee) (Revenue) The Ito, Ward-3(3)(3), Vs. Shri Kushal R. Jain, Surat. Prop. M/S Kunal Gems, C/O. 901, Rajhans Tower, Mini Bazar, Varachha, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Advpj6155B (Revenue) (Assessee) Assessee By Shri Himanshu Gandhi, Ca Shri H. P. Meena, Cit(Dr) Respondent By Date Of Hearing 21/03/2022 Date Of Pronouncement 29/03/2022 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Cross Appeals Filed By The Assessees & Revenue, Pertaining To Assessment Year (Ay) 2007-08, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Surat [In Ita. 420 & 504, 575/Srt/2019 & 215/Srt/2020 Assessment Year: 2007-08 Gautam C. Jain & Kushal R. Jain Short “The Ld. Cit(A)”] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Section 132(4)Section 143(3)

…d that not only there existed, new information with the Assessing Officer from the creditable sources, but also that he has applied his mind and recorded the reasons. We note that Hon'ble Supreme Court in the case of Phul Chand Bajrang Lal and another vs. ITO 203 ITR 456, while considering the question of reassessment beyond the period of four years in the case of an assessee firm; had held that in case of acquiring fresh information specific in nature and reliable, relating to the concluded assessment, which went to falsify the statement made by the assessee at the time of original assessment and, therefore, he…