← All Phrases

“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

Omvir Mehta, Gurgaon vs. ITO, Ward-3(2), Gurgaon

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

ITA 1478/DEL/2023[2011-12]Status: DisposedITAT Delhi25 Jul 2023AY 2011-12

Bench: Shri Kul Bharat[Assessment Year : 2011-12] Omvir Mehta, Vs Ito, B-133, Mehta Niwas, Opp. Sec-4, Ward-3(2), Surya Vihar, Gurgaon, Gurgaon. Haryana-122001. Pan-Amdpm0018K Appellant Respondent Appellant By Shri I.P.Bansal, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 19.07.2023 Date Of Pronouncement 25.07.2023

Section 144Section 147Section 148Section 151Section 234ASection 271(1)(b)Section 271(1)(c)

grounds inter-alia including the following grounds: - a) there was no valid material on record to enable the department to form reason to believe which is pre-requirement for valid initiation of re-assessment proceedings. b) while recording reasons the A.O. did not apply his own mind ... called material relied upon to form reason to believe as required by section 147 of the Act. c) there is no valid and proper sanction obtained as mandated in Section 151 of the Act. d) there is no valid service of notice u/s 148 as the assessment order speaks only

M/S. Steering Securities and Finance Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5194/DEL/2014[2005-06]Status: DisposedITAT Delhi25 Jul 2023AY 2005-06

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

For Appellant: Sh. Ashok Kumar Jain, CAFor Respondent: Sh. Anuj Garg, Sr. DR
Section 147Section 148Section 151(2)Section 68

upon a report from DIT(Investigation). The assessment has illegally been re-opened by issuing notice u/s 148. The Ld. AO has no reason to believe as required u/s 147 of the Income Tax Act. The assessment completed u/s 147/143(3) is bad in law and liable to be quashed ... hence it is proposed for assessment of this case under section 147/148 of the I.T. Act, 1961. In view of above, I have reason to believe that income of Rs. 72,00,000/- escaped assessment within the meanings of the provisions of Section 147 of the Income

Surajkumar & Sons, Mumbai vs. ITO 21 (3)(4), Mumbai

In the result ground no. 2 raised by the assessee is partly allowed for statistical purpose

ITA 258/MUM/2019[2010-11]Status: DisposedITAT Mumbai20 Jul 2023AY 2010-11

Bench: Shri O.P. Kant, Accountant, Member & Ms. Kavitha Rajagopalm/S Surajkumar & Sons 302,-C, Shivshakti Chs Ltd., Kashinath Dhuru Marg, Agar Bazar, Prabhadevi, Mumbai-400025. Pan: Aaqfs4464G ...... Appellant Vs. Ito – 21(3)(4), 206, Piramal Chambers, Parel, Lalbaug, Mumbai-400012 ..... Respondent

For Appellant: Sh. Dalpat Shah, ARFor Respondent: Sh. Kishor Dhule- CIT-DR
Section 142(1)Section 143(3)Section 147Section 148Section 148(2)Section 250Section 4

sources of the same remain undisclosed. 3. In view of the above, I am satisfied and also I have reason to believe that income more than Rs 1,00,000/- has escaped assessment due to the failure on part of the assessee in disclosing fully and truly all material facts

Shree Shagun Financial Services, Mumbai vs. ITO-33(2)(3), Mumbai

In the result, the appeal filed by assessee is allowed for statistical purposes

ITA 1558/MUM/2023[2012-13]Status: DisposedITAT Mumbai19 Jul 2023AY 2012-13

Bench: Shri Pavan Kumar Gadale & Ms Padmavathy Sshree Shagun Ito-33(2)(3), Financial Services, Aayakar Bhavan, बनाम/ 196-A, Tara House, M.K.Road, Vs. Dr. Vhigasa Street, Mumbai-400020. Cavel X Lane No.8, Chira Bazar, Mumbai-400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abtfs0352F (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: NoneFor Respondent: Shri.Suresh .D. Gaikwad, DR
Section 142(1)Section 144Section 148Section 250

engaged in providing accommodation entries as per high value transactions of debits and RTGS in the bank accounts. The AO has a reason to believe that the income has escaped assessment and issued notice u/s 148 of the Act and there was no compliance. Further the AO has issued notice

M/S Atul Projects India Private Limited, Mumbai vs. DCIT-9(1)(2)(Now Jurisdiction With Dc CC-(2)(4), Mumbai

In the result appeal filed by the Assessee is allowed

ITA 111/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Jul 2023AY 2011-12

Bench: Shri B R Baskaran, Am & Shri N. K. Choudhry, Jm

For Appellant: Sh. Naresh Jain & ShFor Respondent: Sh. Manoj Kumar Sinha, Ld
Section 143(3)Section 147Section 148Section 250Section 68

part of the Assessee to disclose fully and truly all material facts necessary for his assessment for that AY. Therefore, I have reason to believe that the income has escaped assessment within the meaning of section 147 of the Income Tax, 1961. 7 M/s Atul Projects India ... part of the Assessee to disclose fully and truly all material facts necessary for his assessment for that AY. Therefore, I have reason to believe that the income has escaped assessment within the meaning of section 147 of the Income Tax, 1961.” However, in the reasons dated 03.10.2016 as produced

Bhandari Gold and Jewellers Private Limited, Mumbai vs. CIT (Appeal), NFAC - Delhi

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

ITA 1619/MUM/2022[2017-2018]Status: DisposedITAT Mumbai19 Jul 2023AY 2017-2018

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bledcit – 6(1)(2) V. M/S. Bandari Gold & Jewellers Pvt. Ltd., 407, Bussaudyog Bhavan Room No. 538B, 5Th Floor Tokersi, Jivraj Road, Sewree Aayakar Bhavan, M.K. Road Mumbai - 400015 Mumbai - 400020 Pan: Aadcb1291J (Appellant) (Respondent)

Section 143(3)Section 68

appear despite service of valid notice of the authorities, enjoying the power of Civil Court. Sub-rule (2) says where the Court sees reason to believe that such evidence or production is material and that such person has without lawful excuse, failed to attend or produce the document in compliance ... appear despite service of valid notice of the authorities, enjoying the power of Civil Court, Sub-rule (2) says where the Court sees reason to believe that such evidence or production is material and that such person has without lawful excuse, failed to attend or produce the document in compliance

Cy. CIT 6(1) (2), Mumbai vs. M/S. Bhandari Gold & Jewellers Pvt. Ltd, Mumbai

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

ITA 1564/MUM/2022[2017-18]Status: DisposedITAT Mumbai19 Jul 2023AY 2017-18

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bledcit – 6(1)(2) V. M/S. Bandari Gold & Jewellers Pvt. Ltd., 407, Bussaudyog Bhavan Room No. 538B, 5Th Floor Tokersi, Jivraj Road, Sewree Aayakar Bhavan, M.K. Road Mumbai - 400015 Mumbai - 400020 Pan: Aadcb1291J (Appellant) (Respondent)

Section 143(3)Section 68

appear despite service of valid notice of the authorities, enjoying the power of Civil Court. Sub-rule (2) says where the Court sees reason to believe that such evidence or production is material and that such person has without lawful excuse, failed to attend or produce the document in compliance ... appear despite service of valid notice of the authorities, enjoying the power of Civil Court, Sub-rule (2) says where the Court sees reason to believe that such evidence or production is material and that such person has without lawful excuse, failed to attend or produce the document in compliance

DCIT, Central Circle-1, Gurgaon vs. Jethmal Mehta, New Delhi

In the result, appeals of the Revenue for AYs

ITA 8987/DEL/2019[2014-15]Status: DisposedITAT Delhi19 Jul 2023AY 2014-15
Section 153ASection 153A(1)Section 153CSection 68

business premises of M/s Antriksh group be to a person other than the person referred to in section 153A. I have thus reason to believe income chargeable to tax in respect of Sh. Jethmal Mehta has escaped assessment for the a mentioned assessments years. In order to bring such concealed

DCIT, Central Circle-1, Gurgaon vs. Jethmal Mehta, New Delhi

In the result, appeals of the Revenue for AYs

ITA 8986/DEL/2019[2013-14]Status: DisposedITAT Delhi19 Jul 2023AY 2013-14
Section 153ASection 153A(1)Section 153CSection 68

business premises of M/s Antriksh group be to a person other than the person referred to in section 153A. I have thus reason to believe income chargeable to tax in respect of Sh. Jethmal Mehta has escaped assessment for the a mentioned assessments years. In order to bring such concealed

DCIT, Central Circle-1, Gurgaon vs. Jethmal Mehta, New Delhi

In the result, appeals of the Revenue for AYs

ITA 8985/DEL/2019[2012-13]Status: DisposedITAT Delhi19 Jul 2023AY 2012-13
Section 153ASection 153A(1)Section 153CSection 68

business premises of M/s Antriksh group be to a person other than the person referred to in section 153A. I have thus reason to believe income chargeable to tax in respect of Sh. Jethmal Mehta has escaped assessment for the a mentioned assessments years. In order to bring such concealed

M/S. Steecon Infrastructure, Jodhpur vs. ITO, Ward-1(4), Jodhpur

In the result, the appeal of the assessee is dismissed

ITA 61/JODH/2019[2012-13]Status: DisposedITAT Mumbai18 Jul 2023AY 2012-13

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2012-13 M/S Steecon Infrastructure Income Tax Officer 1(4) 85, Subhash Nagar, Pal Road, Paota Jodhpur- 242008 Vs. Jodhpur- 342008 Pan No. Acdfs3423Q Appellant Respondent

For Appellant: Mr. Piyush Chajed and Mr SumitFor Respondent: Mr. Virabhadra S. Mahajan, AR
Section 131Section 142(1)Section 143(3)Section 147Section 148

payment of ₹ 3,56,00,000/-made through cheques,. As no return of income was filed by the assessee, the Assessing Officer recorded reasons to believe that income escaped assessment and issued notice under section 148 of the Income-tax Act, 1961 (in short ‘the Act’) on 08/09/2014, asking ... from 30th October 1951. Subsequently, on 12 M.s Steecon Infrastructures the basis of the information received by the Income-tax officer, he had reason to believe that certain income of the firm had escaped assessment and he issued notice under section 34(1)(b) of the Income

Shri Murlimanohar Ramkishan Mundhra, Surat vs. Income Tax Officer, Ward - 1(2)(1), Surat

In the result, ground No. 1 of the appeal is allowed

ITA 158/SRT/2023[2013-14]Status: DisposedITAT Surat18 Jul 2023AY 2013-14

Bench: Shri Pawan Singhआ.अ.सं./Ita No.158/Srt/2023 (Ay 2013-14) (Hearing In Physical Court) Murlimanohar Ramkishan Income Tax Officer, Ward-1(2)(1), (Old Ward- Mundhra, 301 To 308, Vs 1(2)(3) Surat, Aayakar Third Floor, Shree Krishna Market, Near Metro Tower, Bhavan, Majura Gate, Ring Road, Surat-395002 Surat-395001 Pan No: Aflpm 6057 P अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sudhir Surana, Ca & Shri Om Prakash Soni, Ca राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr अपील पंजीकरण/Appeal Instituted On 03.03.2023 सुनवाई की तारीख/Date Of Hearing 03.05.2023 उ"घोषणा क" तार"ख/Date Of 18.07.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Ld. Nfac/Ld.Cit(A)”] Dated 13.01.2023 For Assessment Year 2013-14, Which In Turn Arises From The Addition Made By The Assessing Officer In Assessment Order Passed Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.11.2018. The Assessee Has Raised The Following Ground Of Appeal:- Murllimanohar R Mundhra “1. Ld. Cit(A) Erred In Law & On Facts Confirming The Reassessment Proceeding Initiated By The Ld. Ao, Without Properly Appreciating The Submission Of The Appellant.

Section 143(2)Section 143(3)Section 147Section 148Section 254(1)Section 57

case that four years of end of relevant assessment year has not expired in this case. Thus, the requirement of having reason to believe that income has escaped assessment have been duly recorded. The Assessing Officer has obtained due sanction. The assessee has not filed revised return of income ... within four years from the end of relevant assessment year and only requirement to initiate the re-assessment proceeding under section 147 is reasons to believe that assessee still claiming deduction under section 57(iii) though at the same time the assessee is claiming all borrowed fund against which

Assistant Commissioner of Income Tax, Circle 2(1), Raipur vs. Psa Construction, Raipur

In the result, appeal of the revenue is dismissed

ITA 145/RPR/2018[2015-16]Status: DisposedITAT Raipur17 Jul 2023AY 2015-16

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Respondent: Shri Piyush Tripathi, Sr. DR
Section 133ASection 145(3)Section 250(4)Section 253

Page -1 to 3) It was held that the apparent must be considered real until it is shown that there are reasons to believe that the apparent is not real and that the taxing authority are entitled to look into the surrounding circumstances and find out the reality ... Page 3 to 5) It was held that although apparent must be considered real but if there is reason to believe that apparent is not realas the case under consideration, then the apparent should be ignored to unearth harsh reality. * CIT Vs NR Portfolio ITA No. 1018/2011 HC of Delhi

M/S Blue City Township & Colonizers, Amritsar vs. The Income Tax Officer, Amritsar

ITA 90/ASR/2017[2009-10]Status: DisposedITAT Amritsar14 Jul 2023AY 2009-10

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

Section 147Section 148Section 151Section 234ASection 69

case of assessee as above have been considered and after careful consideration, I am of the considered view and have therefore reasons to believe that income to the extent of Rs.30,44,500/- Rs. 100,00,000/- & Rs.53,98,000/-being investment from undisclosed, sources' chargeable to tax has escaped ... seeking approval for the purpose of verification and not for the purpose of reopening assessment. The AO has not recorded the specific reasons to believe and the case was only reopened by the AO because scrutiny was not done in the case of the assessee. The ld. counsel argued that

Satya Pal, Gurgaon vs. ITO, Gurgaon

In the result all the three appeals of the assessees are partly allowed, as indicated above

ITA 3024/DEL/2017[2010-11]Status: DisposedITAT Delhi13 Jul 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasadआ.अ.सं .I.T.A No. 3024/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satya Pal, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aabpy6152A A N D आ.अ.सं .I.T.A No. 3022/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satyabir Singh, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aacpy7890A A N D आ.अ.सं .I.T.A No. 3023/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Rati Ram, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aaopy3440Q अपीलाथ"/ Appellants ""थ"/ Respondents

For Appellant: Shri K. Sampath, Advocate; &
Section 143(3)Section 147Section 234ASection 253Section 54B

exercise powers under Section 147/148 to re-open the assessment. This is because he alone would be in a position to form reasons to believe that some income of that particular AY has escaped assessment. This again cannot be based on a mere change of opinion. Further, in terms ... held that mere participation by a party in proceedings without jurisdiction will not vest/confer jurisdiction on the authority. Reason to believe that income chargeable to tax has escaped assessment is a jurisdictional fact and only on its satisfaction does the Assessing Officer acquire jurisdiction to issue noticeThus this lack

Rati Ram, Gurgaon vs. ITO, Gurgaon

In the result all the three appeals of the assessees are partly allowed, as indicated above

ITA 3023/DEL/2017[2010-11]Status: DisposedITAT Delhi13 Jul 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasadआ.अ.सं .I.T.A No. 3024/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satya Pal, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aabpy6152A A N D आ.अ.सं .I.T.A No. 3022/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satyabir Singh, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aacpy7890A A N D आ.अ.सं .I.T.A No. 3023/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Rati Ram, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aaopy3440Q अपीलाथ"/ Appellants ""थ"/ Respondents

For Appellant: Shri K. Sampath, Advocate; &
Section 143(3)Section 147Section 234ASection 253Section 54B

exercise powers under Section 147/148 to re-open the assessment. This is because he alone would be in a position to form reasons to believe that some income of that particular AY has escaped assessment. This again cannot be based on a mere change of opinion. Further, in terms ... held that mere participation by a party in proceedings without jurisdiction will not vest/confer jurisdiction on the authority. Reason to believe that income chargeable to tax has escaped assessment is a jurisdictional fact and only on its satisfaction does the Assessing Officer acquire jurisdiction to issue noticeThus this lack

Satyabir Singh Yadav, Gurgaon vs. ITO, Gurgaon

In the result all the three appeals of the assessees are partly allowed, as indicated above

ITA 3022/DEL/2017[2010-11]Status: DisposedITAT Delhi13 Jul 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasadआ.अ.सं .I.T.A No. 3024/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satya Pal, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aabpy6152A A N D आ.अ.सं .I.T.A No. 3022/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Satyabir Singh, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aacpy7890A A N D आ.अ.सं .I.T.A No. 3023/Del/2017 िनधा"रण वष"/Assessment Year: 2010-11 Shri Rati Ram, Income Tax Officer, बनाम S/O. Late Maha Singh, Ward : 4 (1) Vs. Vill. & P.O. Nakhrola, Tehsil Gurgaon. Manesar, Distt. Gurgaon, Haryana – 122 001. Pan No. Aaopy3440Q अपीलाथ"/ Appellants ""थ"/ Respondents

For Appellant: Shri K. Sampath, Advocate; &
Section 143(3)Section 147Section 234ASection 253Section 54B

exercise powers under Section 147/148 to re-open the assessment. This is because he alone would be in a position to form reasons to believe that some income of that particular AY has escaped assessment. This again cannot be based on a mere change of opinion. Further, in terms ... held that mere participation by a party in proceedings without jurisdiction will not vest/confer jurisdiction on the authority. Reason to believe that income chargeable to tax has escaped assessment is a jurisdictional fact and only on its satisfaction does the Assessing Officer acquire jurisdiction to issue noticeThus this lack

Mehjabeen Masood Khan, Mumbai vs. ITO- Assessing Officer-16(1)(3), Mumbai

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

ITA 766/MUM/2023[2015-16]Status: DisposedITAT Mumbai12 Jul 2023AY 2015-16

Bench: Shri Pavan Kumar Gadalemehjabeenmasoodkhan, Ito, 16(1)(3), A/503, Akansha Chs Aayakar Bhavan, बनाम/ Apartment, Yari Road, M.K.Road, Vs. Versova, Andheri (W), Mumbai- 400020. Mumbai-400061. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aibpk9930R (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: Mr.Sumit Mantri.ARFor Respondent: Mr.Abhishek Kumar Singh.DR
Section 133(6)Section 142(1)Section 143(2)Section 148Section 194JSection 250Section 44ASection 68

Form no 26AS the assessee is in receipt of income u/s 194J of the Act of Rs. 14,76,600/- The A.O. has reason to believe that the income has escaped the asseseement and issued notice u/s 148 of the Act and 3 Mehjabeen Masood Khan., Mumbai there

Ramesh Kumar Mantri HUF, Jaipur vs. ITO WD 4(2), Jaipur

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

ITA 211/JPR/2023[2011-12]Status: DisposedITAT Jaipur12 Jul 2023AY 2011-12

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Rajeev Sogani, CAFor Respondent: Shri Anoop Singh, Addl. CIT
Section 147Section 148

issued on 30.03.2018 through ITBA Portal by the AO on the basis of information in his possession and reason to believe, served upon the assessee on 30.03.2018. In response thereto, the assessee filed ITR for AY. 2011- 12 on 05.04.2018, thereby declaring total income of Rs. 20,25,990/- which

Ruia Pradeep Bajranglal HUF, Mumbai vs. ITO - WD 25(3)(3), Mumbai

ITA 2110/MUM/2022[2011-12]Status: DisposedITAT Mumbai11 Jul 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri S Rifaur Rahmanruia Pradeep Ito, Ward-25(3)(3), Bajranglal Huf Kautilya Bhavan, बनाम/ Ground Floor, Hari Bkc, Bandra, Vs. Nivas, Malviya Road, Mumbai-400051. Vile Parle (E), Mumbai-400057. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaahr0481E (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: Ms.Dinkle Hariya &For Respondent: Ms.Kavita Kaushik.DR
Section 143(1)Section 143(2)Section 147Section 148Section 250Section 68

beneficiary of accommodation entries in the form of Long Term Capital Gains in the F.Y 2010-11, therefore the AO has reason to believe that the income has escaped assessment and issued notice u/s 148 of the Act. In response to notice, the assessee has filed the copy of income