Sheo Nath Singh v. AAC

82 ITR 147Supreme Court of India1971#793 most cited

What is Sheo Nath Singh v. AAC authority for?

To initiate reassessment under Section 147/148, the Income Tax Officer must have an honest and reasonable 'reason to believe' that income has escaped assessment, based on cogent grounds and not mere suspicion. Reassessment is invalid if based only on a lack of analysis during the original assessment without new material.

129

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2012 to 2026.

Also referred to as

Sheo Nath Singh v. AAC · 82 ITR 147 · Section 147 · Section 148 · reason to believe · income escaping assessment · reopening of assessment · mere suspicion · cogent grounds · lack of analysis · reassessment validity · mechanical approval

Sections most often in play

Section 147Section 148Section 139(1)Section 133ASection 143(3)Section 151Section 131Section 144

Issues it is cited on

live linkthird party informationsection 148(2)jdasection 158bcreason to believeescapement of incomekelvinatorinterest u/s 234aincome escaping assessmentreopening of assessmentchange of opinion

Judgments citing Sheo Nath Singh v. AAC

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Chennai vs. Cholamandalam Investment and Finance Company Limited, Chennai

In the result, the appeal of the Revenue is partly allowed

ITA 2820/CHNY/2024[2015-16]Status: DisposedITAT Chennai28 Apr 2025AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Ble

For Appellant: Mr. Ajith Kumar Jain CA & Mr. Kunal Shah, CAFor Respondent: Mr. R. Clement Ramesh Kumar, CIT &
Section 143(3)Section 250Section 43(5)

…Foramer - France [2003] 264 ITR 566 (SC) :-24-: ITA. Nos:2613,2732,2820, 2835&2836/Chny/2024 - The Hon’ble Supreme Court in the case of LakhmaniMewal Das (103 ITR 437) The Hon’ble Supreme Court in the case of Sheo Nath Singh - v. Appellate Asstt. CIT [1971] 82 ITR 147 • Lack of analysis during assessment cannot justify reassessment under Section 147: Where it was held that nothing new has come before the purview of the learned AO and order for reassessment is issued because of the lack of analysis at the time of assessment proceedings. In this connection the Ld.AR placed reliance on below judicial precedents T…

Prerna Agency Pvt Ltd, Kolkata vs. Income Tax Officer, Ward 2(1), Patna

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

ITA 285/PAT/2023[2013-2014]Status: DisposedITAT Patna26 Mar 2025AY 2013-2014

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

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

…ceived a loan an amount of Rs. 60,00,000/- from Rashidhan Traders Pvt. Ltd. and Rs. 20,00,000/- from Riddhi Siddhi Commodities Pvt. Ltd. by account payee cheques and refunded the same. He has cited the following decisions: i) Sheo Nath Singh vs. AACIT (1971) 82 ITR 147 (SC) ii) ITO vs. Lakhmani Mewal Das [1976] 103 ITR 437 (SC) iii) New Delhi Television Ltd. vs. DCIT [2020] 424 ITR 607 (SC) iv) CIT vs. Kamdhenu Steels & Alloys Ltd. [2014]361 ITR 220(Delhi) 7. Contrary to that the Ld. D.R supports the impugned order. 4 I.T.A. No. 285/pat/2023 Assessment Year: 2013-14 Prerna Agency Pvt. Ltd. 8. Upon hearing…

Shalini Jagwayan, Jaipur vs. ITO Ward 4(4), Jaipur

In the result, this appeal of the assessee is partly allowed

ITA 987/JPR/2024[2011-12]Status: DisposedITAT Jaipur06 Mar 2025AY 2011-12
For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Gautam Singh Choudhary, JCIT-VH
Section 139Section 142(1)Section 147Section 148Section 234ASection 250Section 69

…ist or is not material or relevant to the belief required by the provision of law. The Court can always examine this aspect though the declaration or sufficiency of the reasons for the belief cannot be investigated by the Court (Sheo Nath Singh v. AAC, (1971) 82 ITR 147 (SC). 4. In the present case on the facts it can be proved that the ld. AO did not have any material or evidence direct or circumstantial evidence to have based his belief, nor that his belief was bona-fide and in good faith. Because the AO has issued the notice u/s 148 only on the basis of information received from the Kolkata Wing. The informat…

Alosha Marketing Pvt. Ltd., Kolkata vs. ACIT, Cir. 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 356/KOL/2024[2011-12]Status: DisposedITAT Kolkata08 Jul 2024AY 2011-12

Bench: Dr. Manish Borad (Accountant Member)

Section 143(1)(a)Section 143(2)Section 147Section 148

…ashed. 6. Before me, ld. Counsel for the assessee has referred to following decisions in support of his contention that reopening is bad in law:- (i) Sheo Nath Singh -Vs-Appellate Assistant Commissioner of IT (Central), Calcutta and Others reported in [1971 ]82 ITR 147 (SC) (ii) S.Narayanappa And Others -Vs- Commissioner of Income Tax, Bangalore reported in [1967]63 ITR219(SC) 4 Alosha Marketing Pvt. Ltd. (iii) Ganga Saran & Sons P. Ltd -Vs- Income-Tax Officer And Others reported in [1981] 130 ITR 1 (SC) (iv) Commissioner of Income-tax -Vs- Spirit Global Construction (P) Ltd reported in [2023] 153 taxmann.com…

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

In the result, Appeal filed by the assessee is allowed

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

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

Section 147Section 148Section 151Section 56

…to believe by the A.O, provisions of Section 147 cannot be invoked. The Ld. Counsel has relied on following judicial pronouncement of Hon'ble Supreme Court and Hon'ble High Court. (i) Johri Lal (HUF) vs. CIT, 88 ITR 439 (SC). (ii) Sheo Nath Singh vs. AAC, 82 ITR 147 (SC). iii) Ganga Saran & Sons (P) Ltd. vs. ITO, 130 ITR 1 (SC). (iv) ITO vs. Lakhmani Mewal Das, 103 ITR 437(SC) (v) Commissioner of Income Tax v.G&G Pharma (2015) 384 ITR 147 (Del.) (vi) CIT vs Insecticides India Ltd 357 ITR 330, Delhi High Court. vii) CIT vs SFIL Stock Broking Ltd 325 ITR 285, Delhi High Court; (viii)Sarthak Securities Co. (P).L…

Bhootnath Vintrade Pvt. Ltd., Delhi vs. ITO, Ward-12(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 189/KOL/2024[2009-10]Status: DisposedITAT Kolkata11 Jun 2024AY 2009-10

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 147Section 148Section 14ASection 151Section 234Section 250Section 68

…on, gossip or rumour. The Ld. AO would be acting without jurisdiction, if the reason for the belief that the conditions required to be satisfied do not exist or is not material or relevant to the belief required by the section [SHEO NATH SINGH VS. AAC. (1971) 82 ITR 147 (SC). In the case of PCIT Vs. Meenakshi Overseas (P) Ltd. [2017] 82 taxmann.com 300 (Del.) wherein it has been held as under: “where reassessment was resorted to on basis of information from DIT (Investigation) that assessee had received accommodation entry but and there was no independent application of mind by Assessing Officer to tangible mate…

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

In the result, appeals of the assessee are allowed

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

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

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R
Section 10Section 147Section 148Section 250

…rumor. The Assessing Officer would be acting without jurisdiction, if the reason for the belief that the conditions required to be satisfied do not exist or is not material or relevant to the belief required by the section [Sheo Nath Singh -Vs- A.A.C. (1971) 82 ITR 147 (SC)]. It is further settled that the powers of the Income-tax Officer to reopen assessment, though wide, are not plenary. The words of the statute are 'reason to believe' and not Reason to suspect'. The Act, no doubt, contemplates the reopening of the assessment if grounds exist for believing that income of the assessee has escaped assessment. It…

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

In the result, appeals of the assessee are allowed

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

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

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R
Section 10Section 147Section 148Section 250

…rumor. The Assessing Officer would be acting without jurisdiction, if the reason for the belief that the conditions required to be satisfied do not exist or is not material or relevant to the belief required by the section [Sheo Nath Singh -Vs- A.A.C. (1971) 82 ITR 147 (SC)]. It is further settled that the powers of the Income-tax Officer to reopen assessment, though wide, are not plenary. The words of the statute are 'reason to believe' and not Reason to suspect'. The Act, no doubt, contemplates the reopening of the assessment if grounds exist for believing that income of the assessee has escaped assessment. It…

Lgw Limited, Kolkata vs. DCIT, Cir-13(1), Kolkata

In the result, the appeal of the assessee is stands allowed

ITA 846/KOL/2023[2009-10]Status: DisposedITAT Kolkata14 Mar 2024AY 2009-10

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 143(3)Section 147

…prayed that on suspicion no assessment could be reopened u/s 147/148 of the Act. The ld. AR relied on the judgement rendered by Hon’ble Supreme Court in the case of (a) Chhugamal Rajpal vs S.P. Chaliha (1971) 79 ITR 603 (SC) (b) Sheo Nath Singh vs ACIT (1971) 82 ITR 147 (SC) wherein similar view was taken. 4. On the other ld. DR could not rebut the aforesaid factual contentions raised by the assessee. 5. We find force in the contention raised by the ld. counsel for the assessee. We find that the assessing officer has reopened the assessment merely based on the information received from Investigation Wing withou…

G.J. Holding Pvt. Ltd., Ludhiana vs. ACIT, C-2, Ludhiana

In the result, the appeal of the assessee stands allowed

ITA 1171/CHANDI/2019[2011-12]Status: DisposedITAT Chandigarh30 Jan 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavआयकर अपील सं./ Ita No.1171/Chandi/2019 िनधा"रण वष" / Assessment Year : 2011-12 G.J. Holding Pvt. Ltd. बनाम Acit, Central Circle-Ii, Ludhiana C/O G.S. Auto International Limited, G.S. Estate, G.T. Road, Ludhiana. "थायी लेखा सं./Pan No: Aaacg6664K अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee By : Shri P.K. Goel & Sunil Arora, C.As राज"व क" ओर से/ Revenue By : Smt. Amanpreet Kaur, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 18.12.2023 उदघोषणा क" तारीख/Date Of Pronouncement : 30.01.2024 आदेश/Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.07.2019 Of The Commissioner Of Income Tax (Appeals)-5, Ludhiana[Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following 2. Grounds Of Appeal:

For Appellant: Shri P.K. Goel & Sunil Arora, C.AsFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 132Section 133ASection 139Section 143(1)Section 147Section 148Section 250

…tion entries but no further inquiry was undertakenby AO, said information could not be said to be tangible material as per seand, thus, reassessment on said basis was not justified". Also Refer : Johri Lal HUF VS. CIT 88 ITR 439 (SC) ; Sheo Nath Singh Vs. AAC 82 ITR 147 (SC) ; Assessment Year : 2011-12 G.J. Holding Pvt. Ltd. Page 14 of 26 Gagan Saran & Sons P Limited Vs. ITO 130 ITR (SC) ITO Vs. LakhmaniMawal Dass 103 ITR 437 (SC) Hence, in view of the above legal position, reopening is bad in law. However, reply to the queries raised/details as required in response tonotice U/s 142(1) are under compilation and…

Geeta Devi Sharma, Jaipur vs. ITO Ward 6(4), Jaipur

ITA 396/JPR/2022[2012-13]Status: DisposedITAT Jaipur17 Jan 2024AY 2012-13

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya, AdvocateFor Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 144Section 147Section 148Section 234A

…xist or is not material or relevant to the belief required by the provision of law. The Court can always examine this aspect though the declaration or sufficiency of the reasons for the belief cannot be investigated by the Court Sheo Nath Singh v/s AAC (1971) 82 ITR 147 (SC). However, in the present case the AO has not followed the settled principles. 4 SMT GEETA DEVI SHARMA VS ITO, WARD 6(4), JAIPUR 2. In addition, it was further submitted that the AO has referred to some information, which is stated to be brought on record. However, neither that information was ever supplied to the assessee nor any details the…

Sh. Sandeep Kumar, Ludhiana vs. ITO, Ward-4, Khanna

In the result, the appeal of the assessee is allowed

ITA 313/CHANDI/2023[2010-11]Status: DisposedITAT Chandigarh09 Jan 2024AY 2010-11

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Kuldeep Singh, ITP and Shri M.P. S. Malhotra, ITPFor Respondent: Shri Dharam Vir, JCIT, Sr. DR
Section 144Section 147Section 148Section 206CSection 68

…sis of which he could have "reason to believe" and not "reason to suspect", that income has escaped assessment. The phrase "reason to believe" has been defined in the landmark judgment of the Hon'ble Apex Court in the case of Sheo Nath Singh Vs AC I T (1971) (82 ITR 147), in following words: The words "reason to believe" suggest that the belief must be of an honest and reasonable person based upon reasonable grounds and that the Income Tax Officer may act on direct or circumstantial evidence, but not on mere suspicion, gossip or rumour. It has further been consistently held by various courts that the assessing of…

Springer Verlag Gmbh, New Delhi vs. DDIT, New Delhi

ITA 3660/DEL/2009[2002-03]Status: DisposedITAT Delhi04 Jan 2024AY 2002-03

Bench: G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-

For Appellant: Sh. Sanjeev Chaudhary, ARFor Respondent: Sh. Sanjay Kumar, Sr. DR
Section 131Section 133ASection 139(1)Section 143(2)Section 147Section 148Section 44C

…elied upon following decisions : (i). CIT v. Kelvinator India Ltd. (2010) 187 Taxman 312 (SC). (ii). ACIT vs. Sur Buildcon (P) Ltd. (2021) 90 ITR(T) 300. (iii). Calcutta Discount Company Ltd. v. ITO (1961) 41 ITR 191 (SC) (iv). Sheo Nath Singh v. AAC (1971) 82 ITR 147 (SC) (v). Lakhmani Mewal Das (1976) 103 ITR 437 (SC) (vi). Gangasaran & Sons (P) Ltd. vs. ITO (1981) 130 ITR 1 (SC) (vii). CIT v. Lucas TVS Ltd (2001) 117 Taxman 366 (SC) (viii) United Electricals Company (P) Ltd. vs. CIT (2002) 178 CTR 192(Delhi HC). 9. Strongly relying upon the observations of learned first appellate authority, learned Departm…

Sprnger Verlag Gmbh vs. DDIT, Circle-2(2)

ITA 645/DEL/2005[2001-2002]Status: DisposedITAT Delhi04 Jan 2024AY 2001-2002

Bench: G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-

For Appellant: Sh. Sanjeev Chaudhary, ARFor Respondent: Sh. Sanjay Kumar, Sr. DR
Section 131Section 133ASection 139(1)Section 143(2)Section 147Section 148Section 44C

…elied upon following decisions : (i). CIT v. Kelvinator India Ltd. (2010) 187 Taxman 312 (SC). (ii). ACIT vs. Sur Buildcon (P) Ltd. (2021) 90 ITR(T) 300. (iii). Calcutta Discount Company Ltd. v. ITO (1961) 41 ITR 191 (SC) (iv). Sheo Nath Singh v. AAC (1971) 82 ITR 147 (SC) (v). Lakhmani Mewal Das (1976) 103 ITR 437 (SC) (vi). Gangasaran & Sons (P) Ltd. vs. ITO (1981) 130 ITR 1 (SC) (vii). CIT v. Lucas TVS Ltd (2001) 117 Taxman 366 (SC) (viii) United Electricals Company (P) Ltd. vs. CIT (2002) 178 CTR 192(Delhi HC). 9. Strongly relying upon the observations of learned first appellate authority, learned Departm…

Springer Verlag Gmbh vs. DDIT, Circle-2(2)

ITA 644/DEL/2005[2000-2001]Status: DisposedITAT Delhi04 Jan 2024AY 2000-2001

Bench: G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-

For Appellant: Sh. Sanjeev Chaudhary, ARFor Respondent: Sh. Sanjay Kumar, Sr. DR
Section 131Section 133ASection 139(1)Section 143(2)Section 147Section 148Section 44C

…elied upon following decisions : (i). CIT v. Kelvinator India Ltd. (2010) 187 Taxman 312 (SC). (ii). ACIT vs. Sur Buildcon (P) Ltd. (2021) 90 ITR(T) 300. (iii). Calcutta Discount Company Ltd. v. ITO (1961) 41 ITR 191 (SC) (iv). Sheo Nath Singh v. AAC (1971) 82 ITR 147 (SC) (v). Lakhmani Mewal Das (1976) 103 ITR 437 (SC) (vi). Gangasaran & Sons (P) Ltd. vs. ITO (1981) 130 ITR 1 (SC) (vii). CIT v. Lucas TVS Ltd (2001) 117 Taxman 366 (SC) (viii) United Electricals Company (P) Ltd. vs. CIT (2002) 178 CTR 192(Delhi HC). 9. Strongly relying upon the observations of learned first appellate authority, learned Departm…

Springer Verlag Gmbh vs. DDIT, Circle-2(2)

ITA 643/DEL/2005[1999-2000]Status: DisposedITAT Delhi04 Jan 2024AY 1999-2000

Bench: G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-

For Appellant: Sh. Sanjeev Chaudhary, ARFor Respondent: Sh. Sanjay Kumar, Sr. DR
Section 131Section 133ASection 139(1)Section 143(2)Section 147Section 148Section 44C

…elied upon following decisions : (i). CIT v. Kelvinator India Ltd. (2010) 187 Taxman 312 (SC). (ii). ACIT vs. Sur Buildcon (P) Ltd. (2021) 90 ITR(T) 300. (iii). Calcutta Discount Company Ltd. v. ITO (1961) 41 ITR 191 (SC) (iv). Sheo Nath Singh v. AAC (1971) 82 ITR 147 (SC) (v). Lakhmani Mewal Das (1976) 103 ITR 437 (SC) (vi). Gangasaran & Sons (P) Ltd. vs. ITO (1981) 130 ITR 1 (SC) (vii). CIT v. Lucas TVS Ltd (2001) 117 Taxman 366 (SC) (viii) United Electricals Company (P) Ltd. vs. CIT (2002) 178 CTR 192(Delhi HC). 9. Strongly relying upon the observations of learned first appellate authority, learned Departm…

ACIT, Ernakulam vs. Appolo Tyres Ltd, Cochin

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

ITA 140/COCH/2020[2011-12]Status: DisposedITAT Cochin30 Nov 2023AY 2011-12

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

…ence of escapement of income from assessment, implying a live link or a rational nexus between the two, i.e., the existence of materials and escapement of income from assessment [ITO vs. Lakhmani Mewal Das [1976] 103 ITR 437 (SC), Sheo Nath Singh vs. AAC[1971]82 ITR 147 (SC)]. The principle behind stipulating such a condition is that there must be, as far as possible, only one assessment for any particular year and, two, the proceedings must receive finality. It may nevertheless be a case where an income was not reported or went unnoticed by the assessing authority, warranting remedial procedure inasmuch as law s…

ACIT, Ernakulam vs. Appolo Tyres Ltd, Cochin

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

ITA 139/COCH/2020[2009-10]Status: DisposedITAT Cochin30 Nov 2023AY 2009-10

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

…ence of escapement of income from assessment, implying a live link or a rational nexus between the two, i.e., the existence of materials and escapement of income from assessment [ITO vs. Lakhmani Mewal Das [1976] 103 ITR 437 (SC), Sheo Nath Singh vs. AAC[1971]82 ITR 147 (SC)]. The principle behind stipulating such a condition is that there must be, as far as possible, only one assessment for any particular year and, two, the proceedings must receive finality. It may nevertheless be a case where an income was not reported or went unnoticed by the assessing authority, warranting remedial procedure inasmuch as law s…

Parminder Singh, Jind vs. ITO, Ward-2, Bhiwani

In the result, appeal of the assessee is allowed

ITA 1411/DEL/2022[2010-11]Status: DisposedITAT Delhi16 Oct 2023AY 2010-11

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1411/Del/2022 िनधा"रणवष"/Assessment Year: 2010-11 बनाम Parminder Singh Ito H.No.2748, Urban Estate, Vs. Ward-2, Jind, Haryana. Bhiwani. Pan No.Bckps3874B अपीलाथ" Appellant ""यथ"/Respondent

Section 133(6)Section 143(3)Section 147Section 148Section 151Section 68

…om issue of notice u/s 148. The copy of notice u/s 133(6) PB2 Pg no.5 and reply of ICICI Bank PB 2 Pg no.7 is enclosed for reference in the paper book. 7. Ld. Counsel is relying on the decision of the Hon’ble Supreme Court in Sheo Nath Singh Vs. AAC [1971] 82 ITR 147 (SC) has held 4 I.T.A.No.1411/Del/2022 that the words ‘reason to believe’ suggest that the belief must be that or an honest and reasonable person based upon reasonable grounds and that the ITO may act on direct or circumstantial evidence but not on mere suspicion, gossip or rumor. In the present case the report based on a statement has no evi…

Tej Singh, Mathura vs. ITO 1(3)(4), Mathura

In the result, the Appeal of the assessee is partly allowed

ITA 8/AGR/2019[2009-10]Status: DisposedITAT Agra26 Sept 2023AY 2009-10
Section 142(1)Section 147Section 148

…was filed, the AO acted in haste and initiated proceedings u/s. 147 of the IT Act without recording satisfaction for initiation of proceedings in the matter. Hon’ble Supreme Court in the case of Sheo Nath Singh vs. Appellate Asst. Commissioner of Income-tax, 82 ITR 147 held – “The words “reason to believe” suggest that the belief must be that of an honest and reasonable person based upon reasonable grounds and that the Income-tax Officer may act on direct or circumstantial evidence but not on mere suspicion, gossip or rumour. The Income-tax Officer would be acting without jurisdiction if the reason for his beli…