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“reason to believe”

ReassessmentSection 147Section 1474,202 judgments

The decision most relied on for reason to believe is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on reason to believe

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

CIT v. Kelvinator of India Ltd.
256 ITR 1 · 2002 · High Court
439
citing judgments

An Assessing Officer cannot reopen an assessment under Section 147 based on a mere change of opinion regarding the same material available during the original assessment. Reopening requires fresh, tangible material or information that leads to a reason to believe income has escaped assessment.

Judgments citing reason to believe

Shri Dhanalaxmi Urban Co Operative Credit Society Limited, Belagavi vs. Assessment Unit Income Tax Department, Belagavi

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

ITA 68/PAN/2026[2015-2016]Status: DisposedITAT Panaji16 Mar 2026AY 2015-2016

Bench: Shri Pavan Kumar Gadalei T A. Nos. 68/Pan/2026 (A.Y.2015-16) Shri Dhanalaxmi Urban Vs I T O, Cooperative Credit Society National E Assessment . Limited, Centre, 1574, Jain Peth, Athani, Delhi Belgaum-591304, Karnataka. Pan .No.Aaabs3373G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Chetan Chougle.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई की तारीख/Date Of Hearing 12.03.2026 घोषणा की तारीख/Date Of Pronouncement 16.03.2026 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of Thenfac/Cit(A) Passed U/Sec147R.W.S144 & U/Sec 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P Of The Act Applying The Provisions Of Section 80Ac Of The Act. 2. The Brief Facts Of The Case Are That, The Assessee Is A Credit Cooperative Society Engaged In Providing The Credit Facilities To Members. The Assessing Officer (Ao) Based On The Information & Data Analytics/ Cash Transactions Data

Section 80ASection 80A(5)Section 80P

bank accounts in the F.Y 2014-15 and the assesse has not filed the return of income. The Assessing Officer(A.O) has reason to believe that the income has escaped assessment and issued notice u/sec148 of the Act. In compliance, the assessee has filed the return of income for A.Y.2016-17

Income Tax Officer Ward 6 (1), Mohali vs. Skycity Builders and Promoters Private Limited, Khrar Punjab

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1217/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

vide order dated 01.08.2025. 2. That the Ld. CIT(A) has dismissed the appeal on the ground of 148 as, there was wrong reason to believe, formed by the Assessing Officer concerned as recorded in the reasons for reopening of the case u/s 148, about non filing of return ... failed to follow number of judgments of High Courts and of Jurisdictional ITAT as cited before him that if there is wrong reason to believe then, the reopening u/s 148 deserves to be quashed. 6. That the appellant craves leave to add or amend the grounds of appeal before

Skycity Builders and Promoters Private Limited, Kharar, Rupnagar vs. DCIT Ward 6(1), Chandigarh Jao ITO 6(1) Mohali, Chandigarh

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1066/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

vide order dated 01.08.2025. 2. That the Ld. CIT(A) has dismissed the appeal on the ground of 148 as, there was wrong reason to believe, formed by the Assessing Officer concerned as recorded in the reasons for reopening of the case u/s 148, about non filing of return ... failed to follow number of judgments of High Courts and of Jurisdictional ITAT as cited before him that if there is wrong reason to believe then, the reopening u/s 148 deserves to be quashed. 6. That the appellant craves leave to add or amend the grounds of appeal before

Pbg International Private Limited, New Delhi vs. Income Tax Officer, Delhi

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

ITA 2890/DEL/2024[2016-17]Status: DisposedITAT Delhi13 Mar 2026AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarpbg International Private Income Tax Officer, Limited, Ward-19(1), C.R. Building, Cb-4B, Dda Flats, Vs. Delhi-110002. Munirka, Delhi-110067. Pan-Aabcp8752E (Appellant) (Respondent) Assessee By Shri Anil Goyal, Ca Ms. Harpreet Kaur Hansra Sr. Dr Department By 20.01.2026 Date Of Hearing Date Of Pronouncement 13.03.2026 O R D E R Per Vimal Kumar, Jm: This Appeal Filed By The Assessee Is Against Order Dated 29.04.2024 Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Ld. Cit(A)'] Passed U/S 250 Of The Income Tax Act, 1961, [Hereinafter Referred To As 'The Act'] Arising Out Of Assessment Order Dated 25.03.2022 Of The Ld. Assessing Officer U/S 147 R.W.S 144B Of The Act For Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Filed His Original Return Of Income On 14.10.2016 Declaring Total Income Of Rs.4,42,670/- Along With Computation Of Income, Auditors' Report & Audited Accounts Of The Assessee. Ld. Ao On Basis Of Incriminating & Tangible Information & After Following Due Process, Re-Opened Pbg International Pvt. Ltd. Vs. Ito

Section 142(1)Section 147Section 148Section 151Section 250Section 68Section 690

basis of Information available on the 'Insight portal of the department, without doing any independent enquiry at his end, and without forming his "reason to believe 6.2 The learned AO has passed order without providing the assessee copies of all the documents in his possession being report of DDIT