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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

Optimist Electronics P.Ltd, New Delhi vs. ITO, Ward-19(2), New Delhi

In the result, appeal of the assessee is partly allowed as indicated above

ITA 4907/DEL/2018[2008-09]Status: DisposedITAT Delhi31 Jan 2023AY 2008-09

Bench: Shri Challa Nagendra Prasad, S.M.C.

For Appellant: Shri Suresh Kumar GuptaFor Respondent: Sr. D. R
Section 147Section 148Section 271Section 68Section 69C

Woollen Mills Ltd. Vs ITO 236 ITR 236 ITR4 (sc; wherein it was held that the AO is not to conclusively prove the escapement of income to assume jurisdiction u/s 147 of the Act. In the case of ITO Vs Purshottam Das Bangur 224 ITR 362 the Hon'ble Apex ... page 31 also which led the AO to I.T.A. No. 4908/Del/2018 AND I.T.A. No. 4907/Del/2018 form a prima facie view of escapement of income chargeable to tax. 5. From these discussions, it is evident that the AO had no material to initiate action u/s 147 except for the material relating

The ITO, Ward-3(1)(1), Rajkot-Gujarat vs. Shri Girishkumar M. Puruswani, Rajkot-Gujarat

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 407/RJT/2016[2010-11]Status: DisposedITAT Rajkot31 Jan 2023AY 2010-11

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 139(1)Section 143(3)Section 147Section 148

verification and/or analyzing the information (received) and further information gathered (during such verification). Only after travelling this distance, A.O. forms an opinion about escapement of income. In present case, the available information (from I.T.A No. 405 to 407/Rjt/2016 A.Y. 2008-09 to 2010-11 Page No 4 ITO vs. Shri ... recorded reasons as to verify whether the transaction of cash deposits by appellant results into escapement of income or whether it represent income hitherto undisclosed. However the law requires that the A.O. should have a primary belief that such amount is the income escaped. This requirement is clearly absent

The ITO, Ward-3(1)(1), Rajkot-Gujarat vs. Shri Girishkumar M. Puruswani, Rajkot-Gujarat

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 406/RJT/2016[2009-10]Status: DisposedITAT Rajkot31 Jan 2023AY 2009-10

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 139(1)Section 143(3)Section 147Section 148

verification and/or analyzing the information (received) and further information gathered (during such verification). Only after travelling this distance, A.O. forms an opinion about escapement of income. In present case, the available information (from I.T.A No. 405 to 407/Rjt/2016 A.Y. 2008-09 to 2010-11 Page No 4 ITO vs. Shri ... recorded reasons as to verify whether the transaction of cash deposits by appellant results into escapement of income or whether it represent income hitherto undisclosed. However the law requires that the A.O. should have a primary belief that such amount is the income escaped. This requirement is clearly absent

The ITO, Ward-3(1)(1), Rajkot-Gujarat vs. Shri Girishkumar M. Puruswani, Rajkot-Gujarat

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 405/RJT/2016[2008-09]Status: DisposedITAT Rajkot31 Jan 2023AY 2008-09

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 139(1)Section 143(3)Section 147Section 148

verification and/or analyzing the information (received) and further information gathered (during such verification). Only after travelling this distance, A.O. forms an opinion about escapement of income. In present case, the available information (from I.T.A No. 405 to 407/Rjt/2016 A.Y. 2008-09 to 2010-11 Page No 4 ITO vs. Shri ... recorded reasons as to verify whether the transaction of cash deposits by appellant results into escapement of income or whether it represent income hitherto undisclosed. However the law requires that the A.O. should have a primary belief that such amount is the income escaped. This requirement is clearly absent

Kendrapara Urban Co-Operative Bank Ltd., Kendrapada vs. Pr.Commissioner of Income Tax, Cuttack

In the result, appeal of the assessee stands allowed

ITA 163/CTK/2020[2015-16]Status: HeardITAT Cuttack30 Jan 2023AY 2015-16

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.163/Ctk/2020 (ननधाारण वषा / Assessment Year :2015-2016) Kendrapara Urban Co-Operative Vs Pr.Cit, Cuttack Bank Ltd., College Square, Tinimuhani, Kendrapara-754211 Pan No. :Aaatk 8347 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.C.Sethi, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 30/01/2023 घोषणा की तारीख/Date Of Pronouncement : 30/01/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit, Cuttack, Dated 24.03.2020, Passed In Din & Order No.Itba/Com/F/17/2019-20/1026884702(1) For The Assessment Year 2015-2016. 2. The Appeal Of The Assessee Is Barred By 8 Days. The Assessee Through Its Secretary Has Filed An Application Dated 13.07.2020 Stating Therein Sufficient Reasons For Condonation Of Delay, To Which Ld. Cit-Dr Did Not Object. In View Of The Above, Delay Of 8 Days In Filing The Present Appeal Is Condoned & The Appeal Of The Assessee Is Heard Finally. 3. It Was Submitted By The Ld. Ar That The Original Assessment In The Case Of The Assessee Was Completed U/S.143(3) Of The Act On 20.11.2017. It Was The Submission That The Assessment Was A Limited Scrutiny

For Appellant: Shri P.C.Sethi, AdvocateFor Respondent: Shri M.K.Gautam, CIT-DR
Section 143(3)Section 14ASection 263Section 36(1)(viia)Section 40

duty bound to make a prima facie enquiry as to whether there is any other item which requires examination and in assessment, potential escapement of income thereof exceeded Rs. 10 lakhs. In the cited case, the AR of the assessee had argued that this was a limited scrutiny assessment ... make a prima facie enquiry as to whether there is any other item which requires examination and in the assessment, the potential escapement of income thereof exceeded Rs.10 lakhs. He ought to have sought the permission of CIT/DIT to convert the 'limited scrutiny assessment' into a 'complete scrutiny assessment

Jenny Elton Vales, Dona Paula vs. ITO, Ward - 5, Margao

In the result, the appeal of assessee in ITA No

ITA 65/PAN/2020[2009-10]Status: DisposedITAT Panaji30 Jan 2023AY 2009-10

Bench: Shri S.S. Viswanethra Ravi

For Appellant: Shri D. E. RobinsonFor Respondent: Shri N. Shrikanth
Section 143(1)Section 143(3)Section 154Section 155Section 5A

spouse under section 147. If income does not arise in the absence of determination of the same and apportionment there can be no escapement of income. The reassessment notice is bad in law and the assessment is a nullity. The above submission does not find support from Income

Jenny Elton Vales, Dona Paula vs. ITO, Ward - 5, Margao

In the result, the appeal of assessee in ITA No

ITA 64/PAN/2020[2007-08]Status: DisposedITAT Panaji30 Jan 2023AY 2007-08

Bench: Shri S.S. Viswanethra Ravi

For Appellant: Shri D. E. RobinsonFor Respondent: Shri N. Shrikanth
Section 143(1)Section 143(3)Section 154Section 155Section 5A

spouse under section 147. If income does not arise in the absence of determination of the same and apportionment there can be no escapement of income. The reassessment notice is bad in law and the assessment is a nullity. The above submission does not find support from Income

Income Tax Officer, Ward 2(3)(7), Surat vs. Shri Anil Pukhraj Jain, Surat

In the result the ground No

ITA 89/SRT/2017[2008-09]Status: DisposedITAT Surat23 Jan 2023AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.89/Srt/2017 िनधा"रण वष"/Assessment Year: (2008-09) (Physical Court Hearing) Income Tax Officer, Ward-2(3)(7), Anil Pukhraj Jain, Room No.414, 4Th Floor, Aayakar Prop. Of Aakruti Stone, 206-2Nd Floor, Tulsi Building, Bhavan, Adajan, Surat-395009 Vs. Somnath Mahadev Ni Sheri, Mahidharpura, Surat – 395009. (Appellant) (Respondent)/ "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahapj8569Q ""या"ेप सं Cross Objection No.10/Srt/2021 (A/O Ita No.89/Srt/2017) िनधा"रण वष"/Assessment Year: (2008-09) Anil Pukhraj Jain, Income Tax Officer, Ward-2(3)(7), Room No.414, 4Th Floor, Aayakar Prop. Of Aakruti Stone, 206- 2Nd Floor, Tulsi Building, Vs. Bhavan, Adajan, Surat-395009 Somnath Mahadev Ni Sheri, Mahidharpura, Surat – 395009. Appellant/Co-Objector (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahapj8569Q िनधा"रती क" ओर से /Assessee By Shri Sapnesh R. Sheth, Ca राज"व क" ओर से /Respondent By Shri Ashok B. Koli, Cit-Dr सुनवाई क" तारीख/Date Of Hearing 23/12/2022 उ"ोषणा क" तारीख/Date Of Pronouncement 23/ 01/2023

Section 143(3)

importance. In other words, a mere statement that the Assessing Officer had reason to believe that certain income has escaped assessment and such escapement of income was on account of non-filing of the return by the assessee or failure on his part to disclose fully and truly all material

Bikash Deb, Bhubaneswar vs. DCIT Circle- 2(1), Bhubaneswar

In the result, both the appeals of the assessee stand allowed

ITA 357/CTK/2019[2009-10]Status: DisposedITAT Cuttack17 Jan 2023AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita Nos.357 & 388/Ctk/2019 /2019 Assessment Years : 2009-10 & 2010 10 & 2010-11 Bikash Dev Bikash Dev, Flat No.101, Vs. Dcit, Circle Dcit, Circle-2(1), Haraprity Haraprity Apar Apartment, Bhubaneswar. Bhubaneswar. Vivekananda Vivekananda Marg, Marg, Old Old Town, Bhubaneswar. Town, Bhubaneswar. Pan/Gir No. Pan/Gir No.Ahepd 0737 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Adv K.K.Bal, Adv Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 17/01 01/2023 Date Of Pronouncement : 17/01 /01/2023 O R D E R

For Appellant: Shri K.K.Bal, AdvFor Respondent: Shri M.K.Gautam
Section 143(1)Section 147Section 148Section 149Section 21(5)

u/s.148 to the assessee.” 4. It was the submission that the reasons recorded for reopening the assessment did not quantify the value of escapement of income. It was the submission that even approximate estimate has not been mentioned by the Assessing Officer. It was the further submission that the Assessing ... arrived at the conclusion. 7. The respondents have placed on record the materials that gave them the reason to believe that there is escapement of Income. The ground for re-assessment is "under-invoicing" which in the opinion of this Court is "sufficient reason to believe that there is escapement

Shuaib Ahmed, New Delhi vs. ITO Ward - 65(2), New Delhi

In the result, appeal of the assessee is allowed as indicated above

ITA 7782/DEL/2019[2011-12]Status: DisposedITAT Delhi16 Jan 2023AY 2011-12

Bench: Shri Challa Nagendra Prasad, S.M.C.

For Appellant: Shri Rajiv Jain, C. AFor Respondent: Shri Om Parkash, Sr. D. R
Section 144Section 147Section 148

aggregating to Rs. 14,28,900/- by the assessee in his bank accounts during the F.Y. 2010-11 and the reasons of believing escapement of income, as required by law I did not exist. 6. That where notice u/s 148 of the Act dated 31.03.2018 was served upon the assessee

Farha S. Kadri, Bilimora vs. ITO, Ward-2, Navsari

In the result, the original ground No

ITA 331/SRT/2019[2010-11]Status: DisposedITAT Surat16 Jan 2023AY 2010-11

Bench: Shri Pawan Singh(Physical Hearing) Farha S Kadri, I.T.O. 762, Bazar Street, Bunder Road, Ward-2, Vs. Bilimora (Gujarat)-396321 Navsari. Pan No. Annpk 8150 B Appellant/ Assessee Respondent/ Revenue

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

grounds of appeal: “1. The assessee objects against the reopening as there is no nexus between reasons recorded and belief formed as to escapement of income. 2. The assessee objects against the reopening on the basis of borrowed satisfaction being reopening only from information on ITD portal. 3. The assessee

The Deputy Commisioner of Income Tax, Circle- 3(1), Raipur vs. M/S Sankalp Realities, Raipur

In the result, appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 47/RPR/2018[2009-10]Status: DisposedITAT Raipur13 Jan 2023AY 2009-10

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.47/Rpr/2018 Co. No.01/Rpr/2018 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of Income Tax, Circle-3(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Sankalp Realities, 28/620 Anand Niwas, Shankar Nagar, Raipur (C.G.) Pan: Abcsf6391P ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri G.N Singh, Sr. DR
Section 143(3)Section 147Section 148

DCIT, Circle-3(1) Vs. M/s. Sankalp Realities CO No.01/RPR/2018 there is "tangible material" to come to the conclusion that there is escapement of income from assessment. Reasons must have a live link with the formation of the belief. Our view gets support from the changes made

Hetram Bokan, Gurgaon vs. ITO Ward - 2(1), Gurgaon

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

ITA 1688/DEL/2019[2013-14]Status: DisposedITAT Delhi12 Jan 2023AY 2013-14

Bench: Shri Kul Bharat[Assessment Year : 2013-14] Hetram Bokan, Vs Ito, 226, 2Nd Floor, Jmd Megapolis, Ward-2(1), Sohna Road, Sector-48, Gurgaon. Gurgaon, Haryana-122001. Pan-Amkpb3430B Appellant Respondent Appellant By None Respondent By Shri Ramdhan Meena, Sr.Dr Date Of Hearing 12.01.2023 Date Of Pronouncement 12.01.2023

Section 139(4)Section 147Section 234A

were merely based on the suspicion and without any tangible material so as to suggest any escapement of income. Hence the reassessment proceedings are liable to be quashed. 2. That the assessment order is void and invalid in law as there could be no reason of escapement of income merely ... relevant. In other words, at the initiation stage, what is required is "reason to believe", but not the established fact of escapement of income. At the stage of issue of notice, the only 5 | P a g e question is whether there was relevant material on which a reasonable person

Pradeep Kumar, Jhujhunu vs. ITO Ward -2, Jhujhunu

In the result, appeal of the assessee is allowed

ITA 370/JPR/2022[2011-12]Status: DisposedITAT Jaipur11 Jan 2023AY 2011-12

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Sharwan Kumar Gupta, AdvocateFor Respondent: Ms Monisha Choudhary (JCIT)
Section 142(1)Section 143(3)Section 147Section 148Section 234A

case of Ranbaxy Laboratories Ltd. vs. CIT 336 ITR 0136(Del) held that The crux of s. 147 is the escapement of income which may be assessed or reassessed as well as any other income chargeable to tax which has escaped assessment and which comes to the notice ... corrected by s. 292B (i) In the case of Vikram Singh vs. Income Tax Officer (2021) 63 CCH 0044 Lucknow Trib Reassessment—Escapement of income—Case of assessee was reopened u/s. 147 for deposits in bank amounting Rs.11,00,000—Held, Bombay High Court in case

Shri Dipten Ahindra Bhowmick, Gandhidham-Kutch vs. The ITO, Ward-1, Gandhidham-Kutch

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

ITA 134/RJT/2022[2016-17]Status: DisposedITAT Rajkot04 Jan 2023AY 2016-17

Bench: Shri Waseem Ahmed & Shri T. R. Senthil Kumar

For Appellant: Shri Gaurang Khakhar, A.RFor Respondent: Shri Shramdeep Sinha, CIT DR
Section 10Section 143(3)Section 154Section 250Section 264Section 264(1)Section 40A(3)

case has been selected or the issue mentioned therein. If the AO notice that there is a potential A.Y. 2016-17 6 escapement of income which exceeds Rs. 5 Lacs, he may convert the “Limited Scrutiny” into “Complete Scrutiny” with previous approval of PCIT in writing. The relevant portion ... 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

Sunshine Merchants P. Ltd., Mumbai vs. Dy CIT -CC-4(1), Mumbai

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

ITA 1539/MUM/2020[2011-12]Status: DisposedITAT Mumbai29 Dec 2022AY 2011-12

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-12 Sunshine Merchants Pvt. Ltd., Dcit Cc-4(1), 601, Sunshine Plaza, Niagaum Air India Building, 19Th Floor, Cross Road, Dadar East, Vs. Nariman Point, Mumbai-400014. Mumbai-400021. Pan No. Aagca 1771 R Appellant Respondent : Assessee By None : Revenue By Mr. Ashish Heliwal, Dr Date Of Hearing : 15/11/2022 : Date Of Pronouncement 29/12/2022

For Respondent: Assessee by None
Section 143(3)

which the AO has to arrive at a satisfaction with to arrive at a satisfaction with respect to escapement of respect to escapement of income. 5.6 In the present case, it is noted that there is sufficient In the present case, it is noted that there is sufficient ... tangible material But where he has tangible material to come Sunshine Merchants Pvt. Ltd. 7 to the conclusion that there is an escapement of income to the conclusion that there is an escapement of income to the conclusion that there is an escapement of income from assessment, the power

Vipinlumar Sanklecha, Mumbai vs. ITO Ward 16 (3)(5), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6612/MUM/2019[2011-12]Status: DisposedITAT Mumbai29 Dec 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.6612/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2011-12) Vipinkumar Sanklecha बिधम/ Ito, Ward-16(3)(5) Room No. 447, 4Th Floor, A/303, Bhattad Tower, Opp. Vs. Kora Kendra Ground, R. M. Aayakar Bhavan, M. K. Bhattad Road, Borivali (W), Road, Mumbai-400020. Mumbai-400092. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aayps5062N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ajay Singh Revenue By: Shri Mahender Ahuja सुनवाई की तारीख / Date Of Hearing: 21/11/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 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)-07, Mumbai Dated 02.08.2019 For The Assessment Year 2011-12. 2. At The Outset, The Ld. Ar Drew Our Attention To Ground Nos. 1 & 2 Which Are The Legal Issues Raised By The Assessee Against The Action Of The Ao To Have Reopened The Assessment Without Satisfying The Condition Precedents As Laid Down U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) As Well As For Not Following The Hon’Ble Supreme Court As Well The Hon’Ble Bombay High Court Decision Cited By Him. The Ground Nos. 1, 2 & 3.1 Reads As Under: - “1. The Id. Cit (A) Erred In Confirming The Reopening Of Assessment Without Appreciating That The Reopening Of The Assessment Is Bad In Law, Invalid & Liable To Be Quashed In As Much As:

For Appellant: Shri Ajay SinghFor Respondent: Shri Mahender Ahuja
Section 143Section 147Section 148Section 68

Vipinkumar Sankelecha is per-se incorrect. According to the Ld. AR, the condition precedent for reopening the assessment is “reason to believe escapement of Income”. However, according to the Ld. AR, the factual basis itself was wrong which is discernable from the reason recorded which is found placed at page ... information can only trigger “reason to suspect”, and not “reason to believe”; and essential condition precedent to re-open is “reasons to believe escapement of income” and not “reason to suspect”. Therefore, according to the Ld. AR, the condition precedent for reopening has not been satisfied as well

Dy. Commissioner of Income Tax, Circle-16(1), Hyderabad vs. Nsl Properties Private Limited, Hyderabad

In the result, appeal of Revenue and cross objection of the assessee are dismissed

ITA 22/HYD/2020[2013-14]Status: DisposedITAT Hyderabad28 Dec 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 22/Hyd/2020 (निर्धारण वर्ा / Assessment Year: 2013-14) Deputy Commissioner Of M/S. Nsl Properties Private Income Tax, Vs. Limited, Circle-16(1), Hyderabad Hyderabad [Pan No. Aaccn7387G] (अपीलधर्थी / Appellant) (प्रत् यर्थी / Respondent)

For Appellant: Shri A.V.Raghuram, ARFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)Section 147

reached a factual conclusion that the learned Assessing Officer without bringing any new material on record to show that there was an escapement of income justifying the reopening of the assessment under section 147 of the Act, reopen the concluded assessment and since it amounts to change of opinion ... after 1-4-1989 , Assessing Officer has power to reopen, provided there is "tangible material" to come to the conclusion that there is escapement of income from assessment. Reasons must have a live link with the formation of the belief. Our view gets support from the changes made to section

Hitesh Jitendra Parikh, Mumbai vs. Income Tax Officer-5(1)(1), Mumbai

ITA 2370/MUM/2022[2010-2011]Status: DisposedITAT Mumbai23 Dec 2022AY 2010-2011

Bench: Shri Kuldip Singhassessment Year: 2010-11

For Appellant: Shri Biren Gabhawala, A.RFor Respondent: Shri Krishna Kumar, D.R
Section 143(1)Section 143(3)Section 147Section 148Section 149(1)Section 271(1)

disclose fully and truly all material facts and without there being any tangible material to come to the conclusion that there is escapement of income from assessment. 2. On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) erred in confirming the Order ... beyond the period of four years without there being any tangible material and without there being any conclusion that there is an escapement of income from assessment reopening is bad in law, he would prefer to argue on the legal issue of reopening of the assessment first. 7. Undisputedly, return

General Electric Company, Mumbai vs. Asst DIT (It) 3(1), Mumbai

In the result, the appeal of the assessee for Assessment Year 2001-02 is allowed and the appeal of revenue for A

ITA 82/MUM/2011[2001-02]Status: DisposedITAT Mumbai23 Dec 2022AY 2001-02

Bench: Shri Aby T Varkey & Shri M Balaganeshm/S. General Electric Company, C/O Kpmg, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai-400011 Pan Aaacg5399M …Appellant. Vs. Asst. Director Of Income Tax, (International Taxation)-3(1), Room No.136, 1St Floor, Scindia House, N M Road Ballard Estate, Mumbai-400038. ….Respondent. Dy. Commissioner Of Income Tax, International Taxation-3(1), Mumbai-400 038 ….Appellant. Vs. M/S. General Electric Company, Mahalaxmi, Mumbai. ….Respondent. Assessee By : Shri Percy Pardiwala, Ms. Fereshte Sethna, Shri Mrunal Parekh, Shri Abhishek Tilak & Shri Ameya Pany. Revenue By : Ms. Surabi Sharma, Cit D.R. Shri Sunil Umap, Cit- D.R. Date Of Hearing : 15.12.2022 Date Of Pronouncement : 23.12.2022

For Appellant: Shri Percy PardiwalaFor Respondent: Ms. Surabi Sharma, CIT
Section 139Section 143Section 143(3)Section 147Section 148Section 5Section 9

that had come to the notice of the learned Assessing Officer and the formation of his or her belief that there has been escapement of income of the assessee for the relevant assessment year in the hands of the assessee warranting reopening of assessment. 4.1. In the reasons for issuance ... instant case, there is no rational connection between the information in possession with yourself and the formation of belief that there has been escapement of income. It is submitted that the reasons recorded no where indicate as to what is the information on record which has enabled your Honour