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“escapement of income”

ReassessmentSection 147Section 1473,765 judgments

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

Leading authorities on escapement of income

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.

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.

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

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.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

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.

Judgments citing escapement of income

Ramanathan Adaikalavan, Coimbatore, Tamil Nadu vs. The Income Tax Officer, National Faceless Assessment Centre, New Delhi

In the result, the appeal of the assessee is allowed

ITA 557/CHNY/2024[2014-15]Status: DisposedITAT Chennai06 Dec 2024AY 2014-15

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./ Ita No.557/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2014-15 Ramanathan Adaikalavan, Deputy Commissioner Of Income Tax, No.80, Ansari Street, Ram Nagar, Non-Corporate Circle-2, Coimbatore-641009. Coimbatore [Pan: Aanpa6846P] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri P.M.Kathir, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 05.11.2024 घोर्णा की तारीख /Date Of Pronouncement : 06.12.2024 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 143(3)Section 147Section 148Section 250Section 55A

reason to believe that the income chargeable to tax had escaped assessment within the meaning of the provisions of the said section. 7 Escapement of income chargeable to tax in relation to any assets (including financial interest in any entity) located outside India: To be examined. 8. Applicability of provisions ... impugned reasons were very much before him during original assessment proceedings. Thus, no case of any valid escapement of income falling within the tenets of section 147 rws 148 is made out against the assesse. As the reasons u/s 147 / 148 themselves are not supported by valid legal authority, consequent

Amey Pravinbhai Bhahmbhatt, Ahmedabad vs. The ITO, Ward-7(1)(5), Ahmedabad

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

ITA 1587/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2011-12

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1587/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2011-12) बनाम/ Amey Pravinbhai Ito Brahmbhatt Ward-7(1)(5), Ahmedabad Vs. C/O. Divyang J Shah 201, 2Nd Floor, Devashish Complex, Nr. Regenta Central Antarim Hotel, Off. C. G. Road, Ahmedabad - 380006 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aelpb9923J (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Divyang Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Sudhakar Verma, Sr. Dr Date Of Hearing 21/11/2024 Date Of Pronouncement 05/12/2024 O R D E R Per Shri Narendra Prasad Sinha, Am:

For Appellant: Shri Divyang Shah, A.RFor Respondent: Shri Sudhakar Verma, Sr. DR
Section 144Section 147Section 148

share transactions and income/loss arising on such transactions was not reflected in the return of income. Therefore, the AO recorded his reason for escapement of income and initiated proceeding u/s.147 of the Act. The re- assessment was completed u/s.144 r.w.s. 147 of the Act on 14.12.2018 at total income ... reason for reopening u/s.147 of the Act has been brought on record. It is found that the case was reopened for escapement of income in respect of accommodation entry of Rs.49,10,402/- by entering into transaction in shares of penny stock of M/s. Swarna Sarita Gems

J K Associates, Ahmedabad vs. The ITO, Ward-4(2)(1), Ahmedabad

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

ITA 1200/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1200/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ J K Associates Ito Vikram Plaza, Nr. Ward 4(2)(1), Ahmedabad Vs. Vishwakarma Mandir, Chandlodia, Ahmedabad - 382481 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalfj9737G (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr 25/11/2024 Date Of Hearing Date Of Pronouncement 05/12/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 03.06.2024 For The Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That No Return Of Income Was Filed By The Assessee For The A.Y. 2017-18. An Information Was Received By The Ao That The Assessee Firm Had Purchased Immovable Property Of Rs.1 Crore During The F.Y. 2016-17 Relevant To A.Y. 2017-18. In The Absence Of Any Return Filed By The Assessee, The Source Of Investment By The Assesse In The Immovable Property Remained Unexplained. Therefore, The Proceedings Under Section 147 Of The Income Tax Act, 1961 (In Short

For Appellant: Shri Parin Shah, A.RFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 133(6)Section 147Section 148Section 234ASection 271ASection 68

required to be quashed. 3 Ld. NFAC erred in law and on facts in issuing notice u/s 148 of the Act without recording escapement of income merely to verify the same with reason to suspect. 4 Ld. NFAC consider to fact that there is no addition on issue for which ... Shri Parin Shah, the Ld. Counsel for the assessee submitted that the AO had not recorded any specific reason for escapement of income and, therefore, the reopening was bad in law. Further that, no addition was made by the AO on the ground on which the case was reopened

Adala Bhanu Rekha, Hyderabad vs. DCIT., Circle-6(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 583/HYD/2024[2017-18]Status: DisposedITAT Hyderabad05 Dec 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.583/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Adala Bhanu Rekha Vs. Dcit Hyderabad Circle-6(1) [Pan : Accpa8679F] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Bg Reddy, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 25/11/2024 घोर्णध की तधरीख/Date Of 05/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31/03/2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2017-18 On The Following Grounds :

For Appellant: Shri BG Reddy, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 143(3)Section 147Section 148Section 54F

argued that the Assessing Officer has reopened the assessment on mere ‘change of opinion’, without there being any fresh tangible material which suggest escapement of income. The assessee had also challenged the additions made by the Assessing Officer towards disallowance of deduction u/s 54F of the Act and argued that ... that the Assessing Officer had validly reopened the assessment u/s 147 of the Act, on the basis of 5 reasons recorded, which suggest escapement of income. The Ld.CIT(A) had also sustained the additions made by the Assessing Officer towards disallowance of deduction