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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

Shree Shiromani Project Pvt. Ltd., Kolkata vs. ITO, Ward-2(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 106/KOL/2024[2013-14]Status: DisposedITAT Kolkata29 Jul 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.106/Kol/2024 Assessment Year: 2013-14 Shree Shiromani Project Pvt. Ltd. ...……………………....………....Appellant C/O Advocate Amit Agarwal, 50D, Mukta Ram Babu Street, 4Th Floor, Kolkata – 700007. [Pan: Aabcv0376L] Vs. Ito, Ward-2(1), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 22, 2024 Date Of Pronouncing The Order : July 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.03.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Learned National Faceless Appeal Centre, Delhi Erred In Passing Ex-Parte Order Dated 21St March, 2023 Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Appellant In Liminie Without Dealing With The Merits Of The Case & By Not Passing Order On The Grounds Of Appeal Raised By The Appellant Assessee Company Against The Impugned Assessment Order Dated 30.09.2021 Passed By The Assessing Officer Under Section 147 R.W.S 144 Of The Income Tax Act

Section 147Section 250Section 68

admitted that these 41 persons are nominees of M/s. Shree Shiromani Projects Pvt. Ltd. In view of the above, I have reason to believe that the said amount of Rs.15,16,64,069/- was chargeable to tax, has escaped assessment under Benami Transaction (Prohibition) Amendment Act, 2016 which the meaning ... amount, without any information or evidence to form the belief that the said amount is unaccounted/escaped income of the assessee, would not constitute reasons to believe of escapement of income for the purpose of reopening of the assessee u/s 147 of the Act. Each and any receipt cannot constitute income

Dilip Rangnath Pagare, Pune vs. ITO, Ward 1(2), Aurangabad

ITA 972/PUN/2024[2012-12]Status: DisposedITAT Pune26 Jul 2024AY 2012-12

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2012-13 Dilip Rangnath Pagare Plot No. 23, Gut No. 105, Pwd Housing Society, Aurangaba-431001. Pan: Bjcpp2914G. . . . . . . . Appellant V/S The Income Tax Officer, Ward-1(12), Aurangabad. . . . . . . . Respondent Appearances Assessee By : None For The Assessee Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 25/07/2024 Date Of Pronouncement : 26/07/2024 Order Per G. D. Padmahshali, Am; This Appeal Of The Assessee Challenges The Din & Order No. Itba/Nfac/S/250/2023-24/1062379260(1) Dt. 11/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Passed U/S 144 R.W.S. 147 Of The Act By The Income Tax Officer, Ward-1(12), Aurangabad [‘Ao’ Hereinafter] For Assessment Year 2012-13 [‘Ay’ Hereinafter];

For Appellant: None for the AssesseeFor Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 142(1)Section 144Section 148Section 250Section 69A

deposited a cash of ₹24,01,000/-into his saving bank account maintained with ‘State Bank of India’ [‘SBI’ hereinafter], after recording the reason to believe that the assessee has escaped the assessment, the case of the assessee after obtaining approval from the competent authority was reopened vide notice

ACIT, Central Circle - 3 (3), Chennai vs. M/S Land Marvel Homes, Chennai

In the result, appeal filed by the Revenue is allowed

ITA 1055/CHNY/2022[2012-2013]Status: DisposedITAT Chennai26 Jul 2024AY 2012-2013

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1055/Chny/2022 िनधा"रणवष" / Assessment Year: 2012-13 M/S. Land Marvel Homes, The Acit, V. 45-47, Old No. 22-23, Central Circle -3(3), 3Rd Floor, 1St Main Road, Chennai. Gandhi Nagar, Adyar, Chennai – 600 020. [Pan:Aabfl-4387-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. V. Nandakumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. T. Banusekar, Advocate & Shri. Yeshwanth Kumar, Ca सुनवाई क" तारीख/Date Of Hearing : 06.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R

For Appellant: Shri. V. Nandakumar, CITFor Respondent: Shri. T. Banusekar, Advocate &
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

along. 7. The sine qua non for the initiation of proceedings in terms of section 147 of the Act is ‘reason to believe’ on the part of the assessing officer that income chargeable to tax has escaped assessment. While the court cannot examine the sufficiency of reasons on the basis ... which re-assessment is initiated, the existence or otherwise such ‘reason to believe’ is certainly open to verification and would be evident from the reasons recorded prior to issue of notice under section148 as required in terms of section 148(2) of the Act. In order to examine this aspect