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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

ITO, Ward-30(4), New Delhi vs. Rashmi Rajiv Mehta, Gurgaon

In the result appeal of the Revenue is dismissed and cross objection is dismissed as not pressed

ITA 4399/DEL/2018[2011-12]Status: DisposedITAT Delhi24 Apr 2024AY 2011-12

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarasstt. Year: 2011-12 Ito, Ward-30(4), Vs. Rashmi Rajiv Mehta New Delhi E-52, Raheja Atlantis, Sector – 31, Nh-8, Gurgaon Haryana Pin 122002 Pan Akspm6239M (Appellant) (Respondent) Co No. 181/Del/2018 Arising Out Of Ita 4399/Del/2018 Asstt. Year 2011-12 Rashmi Rajiv Mehta Vs. Ito, Ward-30(4), E-52, Raheja New Delhi Atlantis, Sector – 31, Nh-8, Gurgaon Haryana Pin 122002 Pan Akspm6239M (Appellant) (Respondent)

For Appellant: Shri Ved Jain, AdvocatFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 143(3)Section 147Section 148Section 68

assessment on the basis of doubt and suspicion. There was no fresh tangible material with the Learned AO to form any opinion regarding escapement of income. 6. At the time of hearing, Learned AR submitted that assessee preferred not to press the cross objection. After hearing, Learned Counsel

Manisha Prashar, Kharar vs. ITO, Ward-6(4), Mohali

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

ITA 462/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh23 Apr 2024AY 2012-13

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Amitoz Singh Kamboj, CAFor Respondent: Shri Dharam Vir, JCIT, Sr. DR
Section 143(2)Section 143(3)Section 148Section 69

Department, the transaction was made without PAN and no return of income was filed by the assessee, the AO recorded the reasons for escapement of income and notice u/s 148 was issued after seeking prior approval from the Pr. CIT-2, Chandigarh. 4. In response to notice under section

Anoop Nopany, Kolata vs. ITO, Ward 40(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1381/KOL/2023[2014-15]Status: DisposedITAT Kolkata23 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.1381/Kol/2023 Assessment Year: 2014-15 Anoop Nopany………………….…….…................…...……………....Appellant P-39, 2Nd Floor, Princep Street, Kolkata- 700072. [Pan: Abfpn3215L] Vs. Ito, Ward-40(1), Kolkata….....…..........................................…..…..... Respondent Appearances By: Shri Narendra Kedia, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 19, 2024 Date Of Pronouncing The Order : April 23, 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 19.07.2023 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 On The Facts & In The Circumstances Of The Case, Ld. Cit(Appeal) Nfac, Failed To Notice That Assessment Order Dated 31.12.2018 Passed Under Section 143(3)/263 Of The Act Is Bad In Law, Void Ab-Initio, Lacks Jurisdiction Since Original Assessment Order Dated 30.12.2016 Passes U/S 143(3) Was Bad In Law, Void Ab Initio. & Consequentially Any

Section 143(3)Section 250Section 263

During the course of assessment proceedings in Limited Scrutiny cases, 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

Arvind Dada Kolekar, Mumbai vs. Income Tax Officer Ward 16(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4137/MUM/2023[2017-18]Status: DisposedITAT Mumbai23 Apr 2024AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHARI (Accountant Member)

Section 144BSection 147Section 148Section 149(1)(b)Section 151Section 151ASection 56(2)(vii)

Arvind Dada Kolekar A.Y. 2017-18 is likely to amount to fifty lakh rupees or more for that year. Admittedly, the alleged escapement of income was only Rs.18,05,500/- which is much less than Rs.50,00,000/-. This fact was brought to the notice

Anil Gupta (HUF), Hyderabad vs. Income Tax Officer, Ward 8(3), Hyderabad

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

ITA 305/HYD/2024[2012-2013]Status: HeardITAT Hyderabad22 Apr 2024AY 2012-2013

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.305/Hyd/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Shri Anil Gupta (Huf) Vs. Income Tax Officer Hyderabad Ward 8(3) Pan:Aajha0786J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Pankaj Sancheti, Ca राज" व "ारा/Revenue By:: Smt. Vishnu Priya, Dr सुनवाई की तारीख/Date Of Hearing: 22/04/2024 घोषणा की तारीख/Pronouncement: 22/04/2024

For Appellant: Shri Pankaj Sancheti, CAFor Respondent: : Smt. Vishnu Priya, DR
Section 115BSection 144Section 147Section 148Section 69Section 69A

purchase/sale of bonds/debentures. In response, the assessee vide letter dated 12.11.2019 filed the relevant details and also stated that there is no escapement of income on account of purchase of bond/debentures because the investment was not sold during the financial year relevant to A.Y 2012-13. The Assessing Officer without

Manju Devi Shah, Kolkata vs. ITO, Ward-50(4), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1280/KOL/2023[2010-11]Status: DisposedITAT Kolkata22 Apr 2024AY 2010-11

Bench: Shri Sanjay Gargi.T.A. No.1280/Kol/2023 Assessment Year: 2010-11 Manju Devi Shah……………..…..…......................…...……………....Appellant P-281 Scheme Vim Cit Road, Kankurgachi, Kolkata-700054. [Pan: Amkps3650G] Vs. Ito, Ward-50(4), Kolkata.......…..........................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Fca, Appeared On Behalf Of The Appellant. Shri Bibekananda Madhu, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2024 Date Of Pronouncing The Order : April 22, 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 12.10.2023 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 Apart From Challenging The Additions On Merits Made/Confirmed By The Lower Authorities Of Rs.42,12,703/- U/S 68 Of The Act By Treating The Long-Term Capital Gains Earned By The Assessee As Bogus, Has Also Challenged The Very Validity Of The Reopening Of The Assessment. 3. Since, The Legal Grounds Relating To The Validity Of The Reopening Of The Assessment Hit At The Very Jurisdiction Of The Assessing Officer To

Section 147Section 148Section 151Section 250Section 68

Wing was supposed to correlate the same with the records and other facts of the case and thereafter, should have satisfied himself of escapement of income. Reopening is not permissible on the basis of borrowed satisfaction of the Assessing Officer. In view of the above observation, not only the reopening

Shah Construction Company Ltd, Mumbai vs. Dy Commissioner of Income Tax, Central Circle-1(3), Mumbai

Appeal is allowed

ITA 859/MUM/2023[2008-09]Status: DisposedITAT Mumbai22 Apr 2024AY 2008-09

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri M. SubramanianFor Respondent: Dr. Kishor Dhule
Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 36(1)(iii)

appreciated that while reopening the case for reassessment under section 147 of the act the Assessing Officer need not prove the escapement of income at the stage. The reasons recorded may be prime - facie reasons and therefore at the stage of initiation of reopening proceedings only a prime facie reason ... outcome of reassessment proceedings on that item will not be proper. At the time of reopening, assessing officer is not required to establish escapement of income. The reliance is placed on the following judicial pronouncements - 5 1. Sri Krishna (P) ltd. Vs CIT (SC) 221 ITR 538 2. Central Provinces

Mr Manish Rajnarain Goswami, Mumbai vs. Assessing Officer, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 3960/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Apr 2024AY 2011-12

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sunil Kumar Singh, Hon'Blemanish Rajnarain Goswami V. Income Tax Officer – 16(1)(3) Aayakar Bhavan, M.K. Road Metropolitan Chsl Mumbai - 400020 B-6 / B-8, Nargisdas Road Pali Hill, Bandra (W) Mumbai - 400050 Pan: Addpg7655D (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Department Represented By : Smt Mahita Nair

Section 143(1)Section 147Section 148Section 68

view thereof there is basis of reasons to believe that there is an escapement of income of Rs.1,50,00,000/-. Therefore, this is a fit case for reopening under section 147 of the I.T. Act, 1961. 5. In this case a return of income was filed for the year ... accepting, that the assessee is a beneficiary, then we are unable to understand how a loan amount can be a matter of escapement of income under section 148 of the Act for the simple reason that loan amount is a capital receipt and the only liability cast upon the assessee

Shankar Nagappa Jadagouda, Kolhapur vs. NFAC, Delhi

Appeal is allowed in above terms

ITA 381/PUN/2024[2010-11]Status: DisposedITAT Pune17 Apr 2024AY 2010-11

Bench: Shri Satbeer Singh Godara

For Appellant: Shri Nikhil PathakFor Respondent: Shri Manish Mehta
Section 147Section 148

Supreme Court dealt with the following question of law in the course of its judgment:— "Where an item unconnected with the escapement of income has been concluded finally against the assessee, how far in reassessment on an escaped item of income is it open to the assessee to seek

Rohit Kumar Yadav, Indore vs. Income Tax Officer 5(5), Indore

In the result, appeal of the assessee is allowed

ITA 442/IND/2023[2013-14]Status: DisposedITAT Indore15 Apr 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanirohit Kumar Yadav Ito 5(5) Hig-Dx-2Manishmati Arvind Indore Vihar, Mahishmati Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaupy5015 F Assessee By Shri Pankaj Shah & Soumya Bumb Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.04.2024 Date Of Pronouncement 15.04.2024

Section 50C

there is no place for ‘doubt’ in the scheme of reassessment, as it has to be belief of the Assessing Officer about the escapement of income, which is the foundation for assessment or reassessment under section 147. Even if for a moment we agree with the ld. DR that

Akunuri Sai Avinash, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle (International Taxation), Visakhapatnam

In the result, appeal of the assessee is partly allowed for statistical purposes as indicated herein above

ITA 42/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam12 Apr 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon‟Ble & Shri S Balakrishnan, Hon‟Bleआयकरअपीलसं./ I.T.A. No.42/Viz/2023 (धनधाारणिर्ा/ Assessment Year : 2016-17) Akunuri Sai Avinash, Vs. The Asst. Commissioner Of Rep. By Gpa Holder Dr. Akunuri Income Tax, Sai Babu, Circle (International Taxation), Visakhapatnam. Visakhapatnam. Pan: (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent) अपीलाथीकीओरसे/ Assessee By : Sri Gvn Hari, Ar प्रत्याथीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुनिाईकीतारीख/ Date Of Hearing : 26/03/2024 घोर्णाकीतारीख/Date Of : 12/04/2024 Pronouncement O R D E R Per S. Balakrishnan:

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 144CSection 147Section 148Section 50C

subjected the difference amount of Rs. 49,04,000/- to tax under the head „capital gains‟. The Ld. AO considered this as an escapement of income as per the provisions of section 147 r.w.s 151 of the Act and after obtaining the necessary approval from the Ld. Commissioner of Income

P and Y Enterprises Pvt Ltd, Mumbai vs. ITO 5 (2) 1, Mumbai

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

ITA 3685/MUM/2023[2015-16]Status: DisposedITAT Mumbai12 Apr 2024AY 2015-16

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am Ito P & Y Enterprises Pvt. Ltd. Ward 5 (2) 1 123, A Wing Mittal Court, Aayakar Bhavan, Nariman Point, Vs. Mumbai 400021 M K Road, Mumbai 400020 (Appellant) (Respondent) Pan No. Aahcp2579B Assessee By : Shri Prakash Jhunjhunwala, Ar Revenue By : Shri H M Bhatt, Sr. Dr Date Of Hearing: 28.03.2024 Date Of Pronouncement : 12.04.2024

For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri H M Bhatt, Sr. DR
Section 143(2)Section 143(3)Section 147Section 194ASection 68

been issued in absence of fresh tangible material and on the basis of borrowed satisfaction and without having reason to believe of escapement of income; 2. ON facts and circumstance of the case and in law, Learned. CIT(A), on ignoring the direct evidences, erred in confirming the addition under ... each. Based on this information received from investigation wing, while recording the reasons, the learned AO categorically mentions that escapement of income has arisen on account of failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment. However, assessee has already

V.K.Nanavaty Share and Stock Brokers Private Limited, Mumbai vs. Income Tax Officer Ward-4(2)(4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2614/MUM/2023[2012-13]Status: DisposedITAT Mumbai12 Apr 2024AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.2614/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2012-13) V. K. Nanavaty Share & बिधम/ Ito, Ward-4(2)(4) R. No. 647, 6Th Floor, Stock Brokers Pvt. Ltd Vs. R-709, Rotunda Building, Aaykar Bhavan, Bombay Stock Exchange, Maharishi Karve Road, M. S. Marg, Fort, Mumbai- Churchgate, Mumbai- 400023. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacv9670N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ravikant Pathak Revenue By: Dr. Yogendra T. Wakare सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 12/04/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi, Dated 30.05.2023 For Ay. 2012-13. 2. The Assessee Has Challenged The Validity Of The Reopening By Ao (Jurisdiction) U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). So The Legal Issue Is Taken Up First.

For Appellant: Shri Ravikant PathakFor Respondent: Dr. Yogendra T. Wakare
Section 143(3)Section 147Section 148Section 68

that before reopening an assessment, the AO has to record the reasons wherein he has to spell out the “Reasons to believe, escapement of income”. It is well settled that “Reasons to believe” postulate 4 A.Y. 2012-13 V. K. Nanavaty Share and Stock Brokers Pvt. Ltd. foundation based ... provided as per first Proviso to section 147 of the Act need to be fulfilled i.e. the reasons recorded has to show that escapement of income was due to failure on part of assessee to disclose fully and truly all material facts necessary for his assessment, for that assessment year

G.S. Dream Home LLP, Ajmer vs. DCIT, Central Circle, Ajmer

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

ITA 24/JPR/2024[2020-21]Status: DisposedITAT Jaipur10 Apr 2024AY 2020-21

Bench: SHRI SANDEEP GOSAIN (Judicial Member), Dr. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Ajey Malik, CIT-DR
Section 115BSection 132Section 144Section 153ASection 153CSection 69A

were materials available on record which warranted exercise of jurisdiction under section 154 and the other initiated under section 147 that there was escapement of income from tax on 8 M/S. G.S. DREAM HOME LLP, AJMER VS DCIT, CENTRAL CIRCLE, AJMER account of the failure of the assessee from disclosing

Mahavir Prasad Jat, Jaipur vs. ITO WD, Behror

In the result, the appeal of the assesee is allowed

ITA 662/JPR/2023[2011-12]Status: DisposedITAT Jaipur10 Apr 2024AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

For Appellant: Mrs. Suhani Maharwal, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 147Section 148

given u/s 148 were used by him for verification of transaction. He himself, did not have any clue, any reason, any belief of escapement of income. If this type of case is selected for reopening then each and every person`s assessment could be reopened if the return of income ... established at the time of recording of reason not at the time of making assessment. Without any material, without any information of subjective escapement of income, the belief is not reasonable. (A copy of judgment is placed on page no 1-13 of PB) Since the very essential condition

ACIT, Cent Circle-1, Trichy vs. M/S Mangal & Mangal, Trichy

In the result, appeal filed by the revenue is dismissed

ITA 511/CHNY/2022[2012-13]Status: DisposedITAT Chennai09 Apr 2024AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 511/Chny/2022 िनधा"रण वष" / Assessment Year: 2012-13 The Assistant Commissioner Of M/S. Mangal & Mangal, Income Tax, V. 25, N.S.B. Road, Teppakulam, Central Circle -2, Trichy – 620 002. No. 44, Williams Road, [Pan: Aaifm-3378-B] Cantonment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate : Shri. Nlay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 06.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.04.2024 आदेश /O R D E R

For Appellant: Shri. S. Sridhar, Advocate
Section 143(3)Section 147Section 148

account of non-furnishing of details; evidences for TDS even though the same were called for through notices and reminders resulting in escapement of income in the hands of the assessee. 12. Further, the AO observed that in spite of many notices and oral reminders, until ... material which came to the possession of the Assessing Officer after completion of original assessment for forming a prima facie belief regarding the escapement of income. 14. During the course of appellate proceedings, the appellant has filed copy of all the details which were filed earlier before

M/S Godawari Traders Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 1445/KOL/2023[2011-12]Status: DisposedITAT Kolkata08 Apr 2024AY 2011-12

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2011-12

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Arup Chatterjee, Addl. CIT
Section 147Section 148Section 151Section 69C

proceedings u/s. 147. According to him, there is no tangible material with the Ld. AO to come to conclusion that there is an escapement of income. According to him, said reasons to believe have no live link with the formation of the belief by the AO. He contended that assessment ... used by the Ld. AO if there is any tangible material having live links with the escapement of income from assessment. An assessment cannot be reopened merely to verify the genuineness of expenses as it would amount to an impermissible fishing or roving enquiry without any tangible material to show

Spectrum Foods Limited, Jaipur vs. Income Tax Officer, Jaipur

In the result, the appeal of the assessee is allowed

ITA 38/JPR/2024[2010-11]Status: DisposedITAT Jaipur08 Apr 2024AY 2010-11

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Sh. Anup Singh (Addl. CIT)
Section 143(3)Section 147Section 148

document or statement, except the Annexure—Said Annexure cannot be regarded as a material or evidence that prima facie shows or establishes escapement of income—Further, it is apparent that the AO did not 8 Spectrum Foods Limited vs ITO apply his own mind to the information and examine ... done. In the absence of all this information, it is strange how the Learned Assessing Officer reached to the conclusion that there was escapement of income of Rs. 56,73,633/-. In these facts and circumstances of the case, the action of the Learned Assessing Officer in issuing notice

Ubmc Trust Association, Udupi vs. Income-Tax Officer, Exemptions Ward-1, Mangalore

In the result, both the appeals filed by assessee stands allowed on the legal issue raised in the additional ground

ITA 694/BANG/2023[2015-16]Status: DisposedITAT Bangalore08 Apr 2024AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Ravi Shankar .S.V
Section 12ASection 142(1)Section 234ASection 250

Appellant's case. d. That there is no tangible material available with the learned assessing officer to substantiate that there is escapement of income in the hands of appellant on the facts and circumstances of the case. e. That there is no sanction accorded under section

Ubmc Trust Association, Udupi vs. Income-Tax Officer, Exemptions Ward-1, Mangalore

In the result, both the appeals filed by assessee stands allowed on the legal issue raised in the additional ground

ITA 693/BANG/2023[2014-15]Status: DisposedITAT Bangalore08 Apr 2024AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Ravi Shankar .S.V
Section 12ASection 142(1)Section 234ASection 250

Appellant's case. d. That there is no tangible material available with the learned assessing officer to substantiate that there is escapement of income in the hands of appellant on the facts and circumstances of the case. e. That there is no sanction accorded under section