← 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

Arcoy Industries (India) Private Limited, Ahmedabad vs. The DCIT, Circle-1(1)(1), Ahmedabad

In the result, all the captioned four appeals of the assessee are hereby allowed

ITA 427/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

For Respondent: Shri Alpesh Parmar, CIT-DR
Section 147Section 148Section 153CSection 250Section 68

assessee and are self explanatory. Therefore, no further enquiry is required in this case. On the basis of the same there are reasons to believe that the income chargeable to tax has escaped assessment. 5. Finding of the AO: M/s. Dishman Carbogen Amics Limited is found to have received ... clear that the assessee has claimed non-genuine expenses of Rs.40,02,325/- in form of commission expense. Therefore, I have reasons to believe that there is an escapement of income from tax of Rs.40,02,325/- and it is a fit case for issuing notice

Arcoy Industries (India) Private Limited, Ahmedabad vs. The DCIT, Circle-1(1)(1), Ahmedabad

In the result, all the captioned four appeals of the assessee are hereby

ITA 426/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2015-16

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

For Appellant: Shri S.N. Soparkar, Sr.AdvocateFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 147Section 148Section 153CSection 250Section 68

assessee and are self explanatory. Therefore, no further enquiry is required in this case. On the basis of the same there are reasons to believe that the income chargeable to tax has escaped assessment. 5. Finding of the AO: M/s. Dishman Carbogen Amics Limited is found to have received Rs.671 ... clear that the assessee has claimed non-genuine expenses of Rs.40,02,325/- in form of commission expense. Therefore, I have reasons to believe that there is an escapement of income from tax of Rs.40,02,325/- and it is a fit case for issuing notice u/s.148

Arcoy Industries (India) Private Limited, Ahmedabad vs. The DCIT, Circle-1(1)(1), Ahmedabad

In the result, all the captioned four appeals of the assessee are hereby allowed

ITA 425/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

For Respondent: Shri Alpesh Parmar, CIT-DR
Section 147Section 148Section 153CSection 250Section 68

assessee and are self explanatory. Therefore, no further enquiry is required in this case. On the basis of the same there are reasons to believe that the income chargeable to tax has escaped assessment. 5. Finding of the AO: M/s. Dishman Carbogen Amics Limited is found to have received ... clear that the assessee has claimed non-genuine expenses of Rs.40,02,325/- in form of commission expense. Therefore, I have reasons to believe that there is an escapement of income from tax of Rs.40,02,325/- and it is a fit case for issuing notice

Arcoy Industries (India) Private Limited, Ahmedabad vs. The DCIT, Circle-1(1)(1), Ahmedabad

In the result, all the captioned four appeals of the assessee are hereby allowed

ITA 424/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2013-14

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

For Respondent: Shri Alpesh Parmar, CIT-DR
Section 147Section 148Section 153CSection 250Section 68

assessee and are self explanatory. Therefore, no further enquiry is required in this case. On the basis of the same there are reasons to believe that the income chargeable to tax has escaped assessment. 5. Finding of the AO: M/s. Dishman Carbogen Amics Limited is found to have received ... clear that the assessee has claimed non-genuine expenses of Rs.40,02,325/- in form of commission expense. Therefore, I have reasons to believe that there is an escapement of income from tax of Rs.40,02,325/- and it is a fit case for issuing notice

Deputy Commissioner of Income Tax, Central Circle-1(2), Kolkata vs. Siddheshwari Vyapaar Private Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 2280/KOL/2025[2012-13]Status: DisposedITAT Kolkata23 Dec 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.2280/Kol/2025 (निर्धारणवर्ा/Assessment Years :2012-2013) Dcit, Central Circle-1(2), Vs Siddheshwarivyapaar Pvt Ltd Kolkata 2Nd Floor, 159, Ravindra Sarani Kolkata-700007 Pan No. :Aancs 2337 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्वकीओरसे /Revenue By : Shri Sanat Kumar Raha, Cit-Dr निर्धाररतीकीओरसे /Assessee By : Shrisoumitra Choudhury & Rainak Jain, Advocates सुनवाई की तारीख / Date Of Hearing : 09/12/2025 घोषणा की तारीख/Date Of Pronouncement : 23.12.2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenueagainst The Order Passed By The Ld. Cit(A), Kolkata-20, Dated 06.05.2025For The Assessment Year2012-2013. 2. The Appeal Of The Revenue Is Barred By 69 Days. Considering The Submissions Of The Ld. Cit-Dr & Looking To The Facts Of The Case, We Condone The Delay Of 69 Days In Filing The Present Appeal By The Revenue & The Appeal Is Admitted For Hearing. 3. The Only Issue Raised In This Appeal Is Against The Order Of The Ld. Cit(A) In Deleting The Addition Of Rs.6,82,00,000/- Made U/S.68 Of The Act On Account Of Unexplained Cash Credits Received From Shell Entities In The Guise Of Share Capital.

For Appellant: ShriSoumitra Choudhury and Rainak Jain, AdvocatesFor Respondent: Shri Sanat Kumar Raha, CIT-DR
Section 131Section 133(6)Section 143(2)Section 143(3)Section 148Section 68

basis of information received from DDIT (Inv.)-4(1), Kolkata and on the basis of the same AO has make his reason to believe that appellant has received funds from M/s PanchratanCommotrade Pvt Ltd which was initially come through deposit of cash in proprietorship concern. The AO's belief ... that the Assessing Officer (AO) did not independently apply their mind to the tangible material that served as the basis for forming the "reason to believe" that income had escaped assessment. The court observed that the AO's conclusions were merely a reproduction of the findings in the Investigation Report

Mahak Doshi Legal Heir of Late Aditya Doshi, Kolkata vs. I.T.O., Ward - 2(1), Kolkata

Appeal of the assessee is allowed

ITA 2075/KOL/2025[2011-2012]Status: DisposedITAT Kolkata23 Dec 2025AY 2011-2012

Bench: SHRI RAJESH KUMAR (Accountant Member)

Section 147Section 148Section 250

Loss of Rs. 11,65,000/- through Purchase/Sale of penny stock i.e. JMD Tele Film during the F.Y. 2010-11. Hence, I have reason to believe that Rs. 11,65,000/- is actually undisclosed income of assessee Shri Aditya Doshi during F.Y. 2010-11 relevant ... perusal of above reasons recorded reveals that the AO has not recorded any satisfaction in the reasons to believe and relied on the information received from DGIT (Inv.) without doing any preliminary enquiry. We note that the AO has only listed in the reasons that it has been informed that

Priyanka Sandeep Runwal, Mumbai vs. The Dy Comm. of Income Tax, CC-4(1), Mumbai

In the result, all the three appeals of t

ITA 6524/MUM/2024[2014-15]Status: DisposedITAT Mumbai23 Dec 2025AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee ()

For Respondent: Mr. Vaibhav Mehta
Section 148

Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle - 4(1) had "reason to believe" to issue the notice u/s 148 of the Income eason to believe" to issue the notice u/s 148 of the Income-tax eason ... facts necessary for determination of the income of the facts necessary for determination of the income of the Assessee. Accordingly, the AO recorded reasons to believe that Assessee. Accordingly, the AO recorded reasons to believe Assessee. Accordingly, the AO recorded reasons to believe income escaped assessment and he income escaped

Priyanka Sandeep Runwal, Mumbai vs. The Dy CIT CC-4(1), Mumbai

In the result, all the three appeals of t

ITA 6523/MUM/2024[2016-17]Status: DisposedITAT Mumbai23 Dec 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee ()

For Respondent: Mr. Vaibhav Mehta
Section 148

Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle - 4(1) had "reason to believe" to issue the notice u/s 148 of the Income eason to believe" to issue the notice u/s 148 of the Income-tax eason ... facts necessary for determination of the income of the facts necessary for determination of the income of the Assessee. Accordingly, the AO recorded reasons to believe that Assessee. Accordingly, the AO recorded reasons to believe Assessee. Accordingly, the AO recorded reasons to believe income escaped assessment and he income escaped

Priyanka Sandeep Runwal, Mumbai vs. DCIT Central Circle -4(1), Mumbai

In the result, all the three appeals of t

ITA 6522/MUM/2024[2015-16]Status: DisposedITAT Mumbai23 Dec 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee ()

For Respondent: Mr. Vaibhav Mehta
Section 148

Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle Deputy Commissioner of Income Tax, Central Circle - 4(1) had "reason to believe" to issue the notice u/s 148 of the Income eason to believe" to issue the notice u/s 148 of the Income-tax eason ... facts necessary for determination of the income of the facts necessary for determination of the income of the Assessee. Accordingly, the AO recorded reasons to believe that Assessee. Accordingly, the AO recorded reasons to believe Assessee. Accordingly, the AO recorded reasons to believe income escaped assessment and he income escaped

Estate of Vandravan P Shah, Mumbai vs. Assistant Commissioner of Income Tax, Circle 19(3), Mumbai

In the result all the three captioned appeals are dismissed

ITA 5403/MUM/2024[2017-18]Status: DisposedITAT Mumbai23 Dec 2025AY 2017-18

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

For Appellant: Ms. Shivani ShahFor Respondent: Mr. Hemanshu Joshi, Sr. DR
Section 132Section 143(3)Section 147Section 148Section 153CSection 159Section 35A

small commission charge of the trust to facilitate this subterfuge transaction. 4.3 On the basis of the above information, the Assessing Officer recorded reasons to believe that income escaped assessment and accordingly, he issued notice u/s 148 of the Act on 28.03.2018. 4.4 In response to the notice ... added to the total income of Vandravan P Shah of AY 2012-13. 5. Basis of forming reason to believe and details of escapement of income: On the basis of the aforesaid information available with the undersigned, I have reason to believe that the assessee has escaped the income

Estate of Vandravan P Shah, Mumbai vs. Assistant Commissioner of Income Tax, Circle 19(3), Mumbai

In the result all the three captioned appeals are dismissed

ITA 5402/MUM/2024[2012-13]Status: DisposedITAT Mumbai23 Dec 2025AY 2012-13

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

For Appellant: Ms. Shivani ShahFor Respondent: Mr. Hemanshu Joshi, Sr. DR
Section 132Section 143(3)Section 147Section 148Section 153CSection 159Section 35A

small commission charge of the trust to facilitate this subterfuge transaction. 4.3 On the basis of the above information, the Assessing Officer recorded reasons to believe that income escaped assessment and accordingly, he issued notice u/s 148 of the Act on 28.03.2018. 4.4 In response to the notice ... added to the total income of Vandravan P Shah of AY 2012-13. 5. Basis of forming reason to believe and details of escapement of income: On the basis of the aforesaid information available with the undersigned, I have reason to believe that the assessee has escaped the income

Estate of Vandravan P Shah, Mumbai vs. Assistant Comissioner of Income Tax, Circle 19(3), Mumbai

In the result all the three captioned appeals are dismissed

ITA 5401/MUM/2024[2011-12]Status: DisposedITAT Mumbai23 Dec 2025AY 2011-12

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

For Respondent: Ms. Shivani Shah
Section 147Section 148Section 35A

Assessing Officer On the basis of the above information, the Assessing Officer On the basis of the above information, the Assessing Officer recorded reasons to believe that income escaped assessment and recorded reasons to believe that income escaped assessment and recorded reasons to believe that income escaped assessment and accordingly ... Estate of Vandravan P Shah Estate of Vandravan P Shah ITA No. 5401, 5402 & 5403/MUM/2024 5. Basis of forming reason to believe and details of 5. Basis of forming reason to believe and details of 5. Basis of forming reason to believe and details of escapement of income: escapement

DCIT, Central Circle-20, Delhi vs. Lotus Herbals Pvt. Ltd, Delhi

In the result, appeal of the Revenue in appeal No

ITA 2445/DEL/2023[2016-17]Status: DisposedITAT Delhi23 Dec 2025AY 2016-17

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

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

facts; (b) Impugned reassessment proceedings have been initiated on mere 'change of opinion'; (c) Reassessment proceedings initiated without any valid and legally sustainable "reasons to believe" of income having "escaped assessment", without any fresh tangible material and without independent application of mind, is illegal and bad in law: (d) Sanction ... books of account without paying taxes on such income. After the perusal of the records available with this office, I have the reason to believe that taxable income to the extent of Rs. 36.91,86,742-has escaped assessment within the meaning of section

DCIT, CC-20, Delhi vs. Lotus Herbals Pvt. Ltd., Delhi

In the result, appeal of the Revenue in appeal No

ITA 2444/DEL/2023[2015-16]Status: DisposedITAT Delhi23 Dec 2025AY 2015-16

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

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

facts; (b) Impugned reassessment proceedings have been initiated on mere 'change of opinion'; (c) Reassessment proceedings initiated without any valid and legally sustainable "reasons to believe" of income having "escaped assessment", without any fresh tangible material and without independent application of mind, is illegal and bad in law: (d) Sanction ... books of account without paying taxes on such income. After the perusal of the records available with this office, I have the reason to believe that taxable income to the extent of Rs. 36.91,86,742-has escaped assessment within the meaning of section

DCIT, CC-20, Delhi vs. Lotus Herbals Pvt. Ltd., Delhi

In the result, appeal of the Revenue in appeal No

ITA 2443/DEL/2023[2014-15]Status: DisposedITAT Delhi23 Dec 2025AY 2014-15

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

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

facts; (b) Impugned reassessment proceedings have been initiated on mere 'change of opinion'; (c) Reassessment proceedings initiated without any valid and legally sustainable "reasons to believe" of income having "escaped assessment", without any fresh tangible material and without independent application of mind, is illegal and bad in law: (d) Sanction ... books of account without paying taxes on such income. After the perusal of the records available with this office, I have the reason to believe that taxable income to the extent of Rs. 36.91,86,742-has escaped assessment within the meaning of section

DCIT, CC-20, Delhi vs. Lotus Herbals Pvt. Ltd., Delhi

In the result, appeal of the Revenue in appeal No

ITA 2442/DEL/2023[2013-14]Status: DisposedITAT Delhi23 Dec 2025AY 2013-14

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

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

facts; (b) Impugned reassessment proceedings have been initiated on mere 'change of opinion'; (c) Reassessment proceedings initiated without any valid and legally sustainable "reasons to believe" of income having "escaped assessment", without any fresh tangible material and without independent application of mind, is illegal and bad in law: (d) Sanction ... books of account without paying taxes on such income. After the perusal of the records available with this office, I have the reason to believe that taxable income to the extent of Rs. 36.91,86,742-has escaped assessment within the meaning of section

DCIT, Central Circle-20, New Delhi vs. Lotus Herbals P.Ltd, Delhi

In the result, appeal of the Revenue in appeal No

ITA 200/DEL/2023[2019-20]Status: DisposedITAT Delhi23 Dec 2025AY 2019-20

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

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

facts; (b) Impugned reassessment proceedings have been initiated on mere 'change of opinion'; (c) Reassessment proceedings initiated without any valid and legally sustainable "reasons to believe" of income having "escaped assessment", without any fresh tangible material and without independent application of mind, is illegal and bad in law: (d) Sanction ... books of account without paying taxes on such income. After the perusal of the records available with this office, I have the reason to believe that taxable income to the extent of Rs. 36.91,86,742-has escaped assessment within the meaning of section

Saravanan, Tiruppur vs. ITO, Ward-1(1), Tiruppur

In the result, both the appeals filed by the assessee are partly allowed

ITA 2556/CHNY/2025[2015-16]Status: DisposedITAT Chennai22 Dec 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 147Section 148Section 251(1)(a)

framed only on the basis of reflection of Contractual Receipts in Form 26AS, without any further inquiry or satisfaction, showing the absence of reason to believe, making the entire proceeding baseless and void. 5. Without prejudice, the Learned Commissioner (Appeals) erred in not considering that the estimation of income

Saravanan, Tiruppur vs. ITO, Ward-1(1), Tirupur

In the result, both the appeals filed by the assessee are partly allowed

ITA 2553/CHNY/2025[2014-15]Status: DisposedITAT Chennai22 Dec 2025AY 2014-15

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 147Section 148Section 251(1)(a)

framed only on the basis of reflection of Contractual Receipts in Form 26AS, without any further inquiry or satisfaction, showing the absence of reason to believe, making the entire proceeding baseless and void. 5. Without prejudice, the Learned Commissioner (Appeals) erred in not considering that the estimation of income

ACIT-CC-7(3), Mumbai vs. Infratech Builders and Agro Private Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2362/MUM/2025[2009-10]Status: DisposedITAT Mumbai22 Dec 2025AY 2009-10

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2009-10 Asst. Commissioner Of Income Vs Infratech Builders & Agro Pvt. Tax Central Circle 7(2), Ltd. Mumbai 216 Shah & Nahar Industrial E, Room No.655, 6Th Floor Dr. E Moses Road Worli Aayakar Bhavan M.K. Road Mumbai 400018, Maharashtra Mumbai, Mumbai India, Mumbai Pan: Aabci7392B Appellant Respondent Present For: Appellant By : Shri Niraj Sheth, Advocate Respondent By : Shri Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 29.09.2025 Date Of Pronouncement : 22.12.2025 O R D E R Per Girish Agrawalthis Appeal Filed By The Revenue Is Arising Out Of The Order Cit(A),- 49, Itba/Apl/S/250/2024-25/1072911991(1) Mumbai Vide Order Dated 04.02.2025 Against The Assessment Order Passed U/S 143(3)/147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 13.12.2016 For A.Y. 2009-10. 2. Grounds Taken By The Revenue Are As Under: 1."On Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Holding That The Reopening Of The Assessment Under Section 147 Of The Income Infratech Builders & Agro Pvt. Ltd. A.Y.2009-10 Tax Act, 1961 Is Bad In Law Without Considering The Fact That The Assess Had Failed To Provide 1 The Details Of Payments Made To M/S. Bovis India Pvt. Ltd. & M/S. Bovis Lend Lease India Pvt. Ltd. & No Service Tax Was Charged On The Payments Made To These Companies, Unlike Other Similar Payments.”

For Appellant: Shri Niraj Sheth, AdvocateFor Respondent: Shri Virabhadra S. Mahajan, Sr. DR
Section 143(3)Section 147Section 80

revised total income returned by the assessee at Rs.33,60,051/- by passing an order dated 25.11.2011. Subsequently, ld. AO recorded the reasons to believe for initiating the proceedings under sections 147 read with section 148. The reasons recorded by the Ld. AO for initiating the reopening proceedings are Infratech ... amount of above transactions is to be disallowed u/s 40(a)(ia) of the IT. Act. In new of the above I leave reason to believe that income to the tune of Rs. 3,13,73,999/ has escaped assessines for the A. Y. 2009-10 within the meaning