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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

Tmilnad Mercantile Bank Limited, Tuticorin vs. ACIT, Circle-1, Tirunelveli

In the result, appeal filed by the assessee stands allowed

ITA 788/CHNY/2024[2010-11]Status: DisposedITAT Chennai09 Oct 2024AY 2010-11

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.788/Chny/2024 िनधा"रण वष"/Assessment Year: 2010-11 V. M/S. Tamilnad Mercantile Bank Ltd., The Acit, 57 V E Road, Circle-1, Tuticorin Central Bus Stand, Tirunelveli. S.O. Thoothukudi, Tuticorin-628 002. [Pan: Aaact 5558 K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri A. Sasikumar, CIT
Section 143(1)Section 143(3)Section 147Section 148Section 36(1)Section 36(1)(viia)

after a period of four years without satisfying the additional condition precedent prescribed under the first proviso to sec.147 of the Act that escapement of income was due to failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. According

Income Tax Officer, Corporate Ward3(1), Chennai, Tamilnadu vs. Salcomp Manufacturing India (P) Ltd, Chennai, Tamilnadu

In the result, appeal filed by the Revenue stands dismissed

ITA 1403/CHNY/2023[2009-10, 2018-19]Status: DisposedITAT Chennai09 Oct 2024

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.1403/Chny/2023 िनधा"रण वष"/Assessment Year: 2009-10 V. The Ito, M/S. Salcomp Manufacturing- Corporate Ward-3(1), India Pvt. Ltd., Chennai. Nokia Telecom Sez, Sipcot Industrial Park- Phase-Iii, Sriperumbudur, Chennai-602 105. [Pan: Aajcs 7988 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri S. Muralidhar, FCA &For Respondent: Shri Nilay Baran Som, CIT
Section 143(2)Section 143(3)Section 147Section 154

opened is after four years from the end of the assessment year, therefore, the AO has to not only record reason to believe escapement of income, but also clear the hurdle placed by first proviso to sec.147 of the Act, which in this case, the AO failed as noted supra

Income Tax Officer, Bibikulam Madurai vs. D N Public Charitable Trust, Arasaradi Madurai Tamil Nadu

In the result, Cross Objections filed by the assessee are partly

ITA 1304/CHNY/2023[2016-17]Status: DisposedITAT Chennai09 Oct 2024AY 2016-17

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

For Appellant: Mr. Arjun Raj, AdvocateFor Respondent: Dr. Samuel Pitta, JCIT
Section 1Section 13(1)(c)Section 13(3)(e)Section 147

NFAC, Delhi failed to appreciate that in any event, the Assessing Officer having not recorded belief / suggestion of escapement of income by the Respondent Trust, the consequential invocation of provisions in Section 147 of the Act should be reckoned as bad in law. 5. The NFAC, Delhi failed to appreciate ... exemption of income u/s.11 & 12 of the Act and therefore, the excess income over expenditure was chargeable to tax and since there was escapement of income, he issued notice u/s.148 of the Act on 23.07.2018 and proceeded to re-assess the escaped income of the assessee

Income Tax Officer, Bibikulam Madurai vs. D N Public Charitable Trust, Arasaradi Madurai Tamil Nadu

ITA 1303/CHNY/2023[2015-16]Status: DisposedITAT Chennai09 Oct 2024AY 2015-16

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1302 To 1304/Chny/2023 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 & Cross-Objection Nos.1 To 3/Chny/2024 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 The Ito (Exemptions Ward), Bibikulam, Madurai. (अपीलार्थी/Appellant) V. M/S.D.N. Public Charitable 13, Theni Main Road, Arasaradi, Madurai-625 016. [Pan: Aaatd 9013 C] Trust, (प्रत्यर्थी/Respondent/Cross- Objector) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement : Dr. Samuel Pitta, Jcit : Mr. Arjun Raj, Advocate 22.08.2024 : 09.10.2024 आदेश / Order Per Aby T. Varkey, Jm:

Section 1Section 13(1)(c)Section 13(3)(e)Section 147

NFAC, Delhi failed to appreciate that in any event, the Assessing Officer having not recorded belief / suggestion of escapement of income by the Respondent Trust, the consequential invocation of provisions in Section 147 of the Act should be reckoned as bad in law. 5. The NFAC, Delhi failed to appreciate ... exemption of income u/s.11 & 12 of the Act and therefore, the excess income over expenditure was chargeable to tax and since there was escapement of income, he issued notice u/s.148 of the Act on 23.07.2018 and proceeded to re-assess the escaped income of the assessee

Income Tax Officer, Bibikulam Madurai vs. D N Public Charitable Trust, Arasaradi Madurai Tamil Nadu

ITA 1302/CHNY/2023[2014-15]Status: DisposedITAT Chennai09 Oct 2024AY 2014-15

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1302 To 1304/Chny/2023 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 & Cross-Objection Nos.1 To 3/Chny/2024 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 The Ito (Exemptions Ward), Bibikulam, Madurai. (अपीलार्थी/Appellant) V. M/S.D.N. Public Charitable 13, Theni Main Road, Arasaradi, Madurai-625 016. [Pan: Aaatd 9013 C] Trust, (प्रत्यर्थी/Respondent/Cross- Objector) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement : Dr. Samuel Pitta, Jcit : Mr. Arjun Raj, Advocate : 22.08.2024 : 09.10.2024 आदेश / Order Per Aby T. Varkey, Jm:

Section 1Section 13(1)(c)Section 13(3)(e)

NFAC, Delhi failed to appreciate that in any event, the Assessing Officer having not recorded belief / suggestion of escapement of income by the Respondent Trust, the consequential invocation of provisions in Section 147 of the Act should be reckoned as bad in law. 5. The NFAC, Delhi failed to appreciate ... exemption of income u/s.11 & 12 of the Act and therefore, the excess income over expenditure was chargeable to tax and since there was escapement of income, he issued notice u/s.148 of the Act on 23.07.2018 and proceeded to re-assess the escaped income of the assessee

Krishnan Vidya Shankar, Chennai vs. ITO, NFAC, New Delhi

In the result, appeal filed by the assessee is allowed

ITA 1001/CHNY/2022[2014-2015]Status: DisposedITAT Chennai09 Oct 2024AY 2014-2015

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal**

Section 143(1)Section 148Section 151

necessarily apply his mind on the relevant facts of the case, and examine whether there was *reason to believe* escapement of income, discernable from the reasons recorded by the AO and thereafter, permit re-opening of the assessment in question. In this case, we note that the Ld.PCIT while according

Deputy Commissioner of Income Tax, Central Circle-4, Jaipur vs. Sunder Das Sonkiya, Jaipur

In the result, both appeals of the revenue are dismissed

ITA 454/JPR/2024[2013-14]Status: DisposedITAT Jaipur09 Oct 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. R. Sharma, CA &For Respondent: Sh. Anup Singh, Addl.CIT
Section 143(1)Section 143(2)Section 143(3)Section 148

sufficient information that the assessee reduced his taxable business profit to the extent of Rs. 1,73,34,424. Therefore, there exist escapement of income and proceeding u/s. 148 was initiated. 6.1 Assessee complied with said notice u/s 148 and asked copy of reasons recorded for issue of notice, which ... business profit to the extent of Rs. 1,73,34,424/-. Therefore, it is a fit case for initiation of assessment proceedings for escapement of income by the assessee.” Action of A.O. The assessee complied with said notice u/s 148 and asked copy of reasons recorded for issue of notice

Deputy Commissioner of Income Tax, Central Circle-4, Jaipur vs. Sunder Das Sonkiya, Jaipur

In the result, both appeals of the revenue are dismissed

ITA 453/JPR/2024[2012-13]Status: DisposedITAT Jaipur09 Oct 2024AY 2012-13

Bench: Moving Towards The Facts Of The Case We Would Like To Mention That The Revenue Has Assailed The Appeal In Ita No.453/Jp/2024 On The Following Grounds; “(I) Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.43,33,606/- Without Appreciating The Fact That Assessee Has Shown Bogus Purchase Of Rs 1,73,34,424/- During The Year From A Bogus Concern. 3

Section 132Section 143(1)Section 143(2)Section 148

sufficient information that the assessee reduced his taxable business profit to the extent of Rs. 1,73,34,424. Therefore, there exist escapement of income and proceeding u/s. 148 was initiated. 1,73,34,424/- by way of introducing 6.1 Assessee complied with said notice u/s 148 and asked copy ... business profit to the extent of Rs. 1,73,34,424/-. Therefore, it is a fit case for initiation of assessment proceedings for escapement of income by the assessee.” Action of A.O. The assessee complied with said notice u/s 148 and asked copy of reasons recorded for issue of notice

Regalia Laminates, New Delhi vs. ITO Ward 62(5), New Delhi

In the result, the appeal of the assessee is allowed

ITA 764/DEL/2024[2009-10]Status: DisposedITAT Delhi09 Oct 2024AY 2009-10

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2009-10 Regalia Laminates Mcd Vs Income Tax Officer Buliding, Ist Floor Db Gupta Ward- 62 (5) Road Paharganj, New Delhi- New Delhi 110055 Pan No. Aaifr7691F (Appellant) (Respondent)

Section 143(3)Section 147Section 148Section 151

assessment and as per provision of section 80-IC of the Act. The appellant firm has manipulated the facts which resulted in escapement of income chargeable to tax under the Income Tax Act. The duty drawback and exports incentive cannot be regarded as profit derived from operational activities ... income chargeable to be taxed. The argument of appellant that reassessment proceedings on the basis of audit objections, without any independent satisfaction regarding escapement of income is not founded as Hon'ble Supreme Court, in case of CIT VS PVS Beedies Pvt Ltd (1999 237 ITR 13 SC) has pointed

Montreaux Resorts Pvt. Ltd., Delhi vs. ITO, Ward-17(1), Delhi

In the result, appeal of the assessee in ITA No

ITA 2353/DEL/2024[2007-08]Status: DisposedITAT Delhi09 Oct 2024AY 2007-08

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

For Respondent: Ms. Smita Singh, Sr. D.R
Section 147Section 148Section 148(1)Section 151Section 17Section 250

alleging escapement noted that the difference of Rs.15 lakhs in question was paid through “accounted income/cash”. Such observation itself contradicts the allegation towards escapement of income. The Addl. CIT while granting approval has simply observed that ‘it is a fit case for issue of notice under Section ... approval given is clearly mechanical, perfunctory and routine. Thus, neither the reasons recorded under Section 148 of the Act justify the allegation towards escapement of income nor the approval given by the Addl. CIT stands the test of judicial scrutiny. The transaction of land parcel is also found

Montreaux Resorts Pvt. Ltd., Delhi vs. ITO, Ward-17(1), Delhi

In the result, appeal of the assessee in ITA No

ITA 2352/DEL/2024[2007-08]Status: DisposedITAT Delhi09 Oct 2024AY 2007-08

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

For Respondent: Ms. Smita Singh, Sr. D.R
Section 147Section 148Section 148(1)Section 151Section 17Section 250

alleging escapement noted that the difference of Rs.15 lakhs in question was paid through “accounted income/cash”. Such observation itself contradicts the allegation towards escapement of income. The Addl. CIT while granting approval has simply observed that ‘it is a fit case for issue of notice under Section ... approval given is clearly mechanical, perfunctory and routine. Thus, neither the reasons recorded under Section 148 of the Act justify the allegation towards escapement of income nor the approval given by the Addl. CIT stands the test of judicial scrutiny. The transaction of land parcel is also found

Sunil Kumar Nagar, Faridabad vs. ITO, Ward- 2(4), Faridabad

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

ITA 247/DEL/2019[2010-11]Status: DisposedITAT Delhi09 Oct 2024AY 2010-11

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Vipul Kashyap, Sr. DR
Section 143Section 143(2)Section 147Section 148Section 151

issue, he observed that what is relevant is at the time of reopening the assessment, prima facie belief has to be formed for escapement of income. 6. Aggrieved with the above order, assessee is in appeal before us raising following grounds of appeal :- 1) That having regard to the fact ... escaped assessment. Before doing so, the Assessing Officer should satisfy himself that, there is material which suggests that there is an escapement of income. The AO can exercise these powers escapement of income. Once the conditions precedent for assumption of jurisdiction to commence the reassessment proceedings, he has to cross

Sunil Kumar Nagar, Faridabad vs. ITO, Ward- 2(4), Faridabad

Accordingly, the appeal filed by the assessee being ITA No.2118/Del/2019 is allowed

ITA 2118/DEL/2019[2013-14]Status: DisposedITAT Delhi09 Oct 2024AY 2013-14

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Vipul Kashyap, Sr. DR
Section 143Section 143(2)Section 147Section 148Section 151

issue, he observed that what is relevant is at the time of reopening the assessment, prima facie belief has to be formed for escapement of income. 6. Aggrieved with the above order, assessee is in appeal before us raising following grounds of appeal :- 1) That having regard to the fact ... escaped assessment. Before doing so, the Assessing Officer should satisfy himself that, there is material which suggests that there is an escapement of income. The AO can exercise these powers escapement of income. Once the conditions precedent for assumption of jurisdiction to commence the reassessment proceedings, he has to cross

M/S. Rushabhdev Infra Projects Private Limited, Ahmedabad vs. The ITO, Ward- 3(1)(2), Ahmedabad

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

ITA 1287/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad08 Oct 2024AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2013-14

Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 250

from Investigation Wing that dealings with M/s. Task Management Services are not genuine. The Assessing Officer, based on above information, recorded reasons for escapement of income to the extent of dealing of Rs.29,71,651/- with said party and issued notice u/s.148 after procuring approval from PCIT, a Competent Authority ... submitted that the assessee filed objection to reasons recorded for escapement of income and also objected to approval granted by PCIT stating as review of case, reopening based on insufficient material, absence of new material coming to the notice and very basis for alleging escapement has been examined in depth

Sri Rudraprasad Mandal, Medinipur vs. DCIT, Cir. 27(1), Haldia

In the result, appeal of the assessee is allowed

ITA 702/KOL/2024[2017-18]Status: DisposedITAT Kolkata08 Oct 2024AY 2017-18

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar]

Section 139(1)Section 143(3)Section 40A(3)

course of assessment proceedings in ' Limited Scrutiny ' cases, if it comes to the notice of the Assessing Officer that there is potential escapement of income exceeding Rs. five lakhs (for metro charges, the monetary limit shall be Rs. ten lakhs) requiring substantial verification on any other issue(s) , then

ACIT-CC-1(3), Mumbai vs. Bhagwati Developers, Navi Mumbai

ITA 1490/MUM/2024[2015-16]Status: DisposedITAT Mumbai08 Oct 2024AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm

Section 132Section 143Section 153ASection 69C

such notice for thisyear would be issued unless the assessing officer is in possession of any books of accounts or documents indicating escapement of income represented in the form of an "asset". Further the asset is also defined as an immovable property being land or building of both, says ... notice could have been issued beyond six years unless the AO is in the possession of any books of accounts or documents indicating escapement of income which is represented in form of an 'asset' which is also defined as an immovable property being land or building both, shares and securities

ACIT-CC-1(3), New Marine Lines, Churchgate vs. Ms. Shanti Enterprises, Vashi

In the result ground number 1 and 2 of the appeal for assessment year 2015 – 16 of the learned assessing officer are dismissed

ITA 1349/MUM/2024[2012-13]Status: DisposedITAT Mumbai08 Oct 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm A.Y.2012-13 A.Y.2015-16 Acit-Central Circle-1(3), Bhagwati Developers, Mumbai 1306, 13Th Floor, Vs. Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Co No. 80/Mum/2024 A.Y. 2012-13 [Ita No. 1346/Mum/2024] Bhagwati Developers, Acit-Central Circle-1(3), 1306, 13Th Floor, Mumbai Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Pan Aalfb 5272C A.Y. 2012-13 Acit-Central Circle-1(3), Ms. Shanti Enterprises, Mumbai Office No. 1306, Real Tech Park, Plot No.39/2, Sector-30A Vashi Co No. 110/Mum/2024 A.Y. 2012-13 [Ita No. 1349/Mum/2024] Ms. Shanti Enterprises, Acit-Central Circle-1(3), Office No. 1306, Real Tech Mumbai Park, Plot No.39/2, Sector-30A Vashi (Appellant) (Respondent) Assessee By Shri Mani Jain & Shri Prateek Jain

Section 132Section 143Section 153ASection 69C

such notice for thisyear would be issued unless the assessing officer is in possession of any books of accounts or documents indicating escapement of income represented in the form of an “asset’’. Further the asset is also defined as an immovable property being land or building of both, says ... notice could have been issued beyond six years unless the AO is in the possession of any books of accounts or documents indicating escapement of income which is represented in form of an ‘asset’ which is also defined as an immovable property being land or building both, shares and securities

ACIT-CC-1(3), Mumbai vs. Bhagwati Developers, Navi Mumbai

In the result ground number 1 and 2 of the appeal for assessment year 2015 – 16 of the learned assessing officer are dismissed

ITA 1346/MUM/2024[2012-13]Status: DisposedITAT Mumbai08 Oct 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm A.Y.2012-13 A.Y.2015-16 Acit-Central Circle-1(3), Bhagwati Developers, Mumbai 1306, 13Th Floor, Vs. Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Co No. 80/Mum/2024 A.Y. 2012-13 [Ita No. 1346/Mum/2024] Bhagwati Developers, Acit-Central Circle-1(3), 1306, 13Th Floor, Mumbai Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Pan Aalfb 5272C A.Y. 2012-13 Acit-Central Circle-1(3), Ms. Shanti Enterprises, Mumbai Office No. 1306, Real Tech Park, Plot No.39/2, Sector-30A Vashi Co No. 110/Mum/2024 A.Y. 2012-13 [Ita No. 1349/Mum/2024] Ms. Shanti Enterprises, Acit-Central Circle-1(3), Office No. 1306, Real Tech Mumbai Park, Plot No.39/2, Sector-30A Vashi (Appellant) (Respondent) Assessee By Shri Mani Jain & Shri Prateek Jain

Section 132Section 143Section 153ASection 69C

such notice for thisyear would be issued unless the assessing officer is in possession of any books of accounts or documents indicating escapement of income represented in the form of an “asset’’. Further the asset is also defined as an immovable property being land or building of both, says ... notice could have been issued beyond six years unless the AO is in the possession of any books of accounts or documents indicating escapement of income which is represented in form of an ‘asset’ which is also defined as an immovable property being land or building both, shares and securities

Bharatkumar Kantiji Thakor, Gandhinagar vs. The ITO, Ward-1, Gandhinagar

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

ITA 1358/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad07 Oct 2024AY 2010-11

Bench: Dr. Brr Kumarasstt.Year : 2010-11 Bharatkumar Kantiji Thakor Ito, Ward-1 113-1, Koteshwar Gam Vs Gandhinagar. Vadvalo Vas Motera Gam Gandhinagar. Pan : Akgpt 9389 P (Applicant) (Responent) : Assessee By Shri Parin Shah, Ca Revenue By : Shri Ravindra, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 07/10/2024 घोषणा क" तारीख /Date Of Pronouncement: 07/10/2024 आदेश/O R D E R आदेश आदेश आदेश

For Respondent: Shri Ravindra, Sr.DR
Section 148Section 250Section 250(6)Section 271Section 56(2)(vii)Section 69A

making fishing and roving inquiries. 3. The reopening of assessment u/s 148 is bad in law as same has been done without recording escapement of income. 4. The reopening of assessment u/s 148 is bad in law as same has been reopened beyond period of 4 years from

Dy. Commissioner of Income Tax, Central Circle-2(2), Hyderabad vs. Sew Infrastructure Limited, Hyderabad

ITA 1717/HYD/2017[2009-10]Status: HeardITAT Hyderabad07 Oct 2024AY 2009-10

Bench: Justice (Retd.) C.V. Bhadang, Shri Mahavir Singh & Shri G. Manjunatha

For Appellant: Shri K.K. ChaitanyaFor Respondent: Smt. Mamata Choudhary
Section 132Section 139(1)Section 143(3)Section 147Section 153ASection 80I

which comes to the possession of the AO subsequent to the completion of the original assessment and further, the formation of belief of escapement of income should have a live nexus with reasons to believe and fresh tangible material. Similarly, the provisions of Section 153A deal with assessment in case