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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

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3205/CHNY/2016[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

refers to financial statements and income and expenditure reported by the assessee for the relevant assessment year to form reasonable belief of escapement of income without there being any fresh tangible material to suggest escapement of income. Therefore, he submitted that in absence of fresh tangible material, re-opening ... relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement of income. Further, at ITA Nos.3201-3205/Chny/2016 & M/s.PVP Ventures Ltd. :: 13 :: the stage of re-opening of assessment what is required to be seen is formation of belief on the basis

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3203/CHNY/2016[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

refers to financial statements and income and expenditure reported by the assessee for the relevant assessment year to form reasonable belief of escapement of income without there being any fresh tangible material to suggest escapement of income. Therefore, he submitted that in absence of fresh tangible material, re-opening ... relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement of income. Further, at ITA Nos.3201-3205/Chny/2016 & M/s.PVP Ventures Ltd. :: 13 :: the stage of re-opening of assessment what is required to be seen is formation of belief on the basis

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3202/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

refers to financial statements and income and expenditure reported by the assessee for the relevant assessment year to form reasonable belief of escapement of income without there being any fresh tangible material to suggest escapement of income. Therefore, he submitted that in absence of fresh tangible material, re-opening ... relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement of income. Further, at ITA Nos.3201-3205/Chny/2016 & M/s.PVP Ventures Ltd. :: 13 :: the stage of re-opening of assessment what is required to be seen is formation of belief on the basis

M/S. Pvp Ventures Ltd., Chennai vs. DCIT, Chennai

In the result, appeal filed by the assessee in ITA

ITA 3201/CHNY/2016[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकरअपीलसं./Ita Nos.3201-3202, 3203-3204 & 3205/Chny/2016 िनधा"रणवष"/Assessment Years: 2009-10, 2010-11 & 2012-13 M/S.Pvp Ventures Ltd., V. The Dy. Commissioner- Krm Centre, 9Th Floor, Of Income Tax, No.2, Harrington Road, Corporate Circle-5(2), Chennai-600 031. Chennai. [Pan:Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita No.18/Chny/2017 िनधा"रणवष"/Assessment Year: 2010-11 The Dy. Commissioner Of Income- V. M/S.Pvp Ventures Ltd., Krm Centre, 9Th Floor, Tax, Corporate Circle-5(2), No.2, Harrington Road, Chennai. Chennai-600 031. [Pan: Aaacs 3101 P] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.B. Ramakrishnan, CAFor Respondent: Dr.S.Palanikumar, CIT-DR
Section 143(3)Section 147Section 36(1)(iii)

refers to financial statements and income and expenditure reported by the assessee for the relevant assessment year to form reasonable belief of escapement of income without there being any fresh tangible material to suggest escapement of income. Therefore, he submitted that in absence of fresh tangible material, re-opening ... relevant assessment years. Further, there is tangible material in the possession of the AO to form reasonable belief of escapement of income. Further, at ITA Nos.3201-3205/Chny/2016 & M/s.PVP Ventures Ltd. :: 13 :: the stage of re-opening of assessment what is required to be seen is formation of belief on the basis

M/S Macmillan Publishers India Pvt Ltd, Chennai vs. ITO, Corporate Circle 4 (1), Chennai

In the result, the appeal filed by assessee is allowed

ITA 2784/CHNY/2019[2011-12]Status: DisposedITAT Chennai19 Sept 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 2784/Chny/2019 िनधा"रण वष" /Assessment Year: 2011-12 Macmillan Publishers India The Acit, Pvt. Ltd., V. Corporate Circle 4(1), No.21, Patullos Road, Chennai. Chennai – 600 002. Pan: Aafcm 5564R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 19.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 19.09.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of Commissioner Of Income Tax (Appeals)-8, Chennai In Ita No.69/18- 19 Dated 16.07.2019. The Re-Assessment Was Framed By The Acit, Company Circle 4(1), Chennai For The Assessment Year 2011-12 U/S.143(3) R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 30.12.2018. I.T.A. No.2784/Chny/2019 2 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Reopening Of Assessment U/S.147 R.W.S 148 Of The Act Even Though There Is No Failure On The Part Of The Assessee To Disclose Fully & Truly The Material Fact Necessary For Its Assessment For The Relevant Assessment Year & The Original Assessment Was Completed U/S.143(3) Of The Act. For This, Assessee Has Raised Various Grounds Regarding Reopening Which Are Exhaustive & Argumentative, Hence Need Not To Be Reproduced.

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)Section 147Section 148

rightly has come to the knowledge of the Assessing Officer subsequent to the conclusion of earlier assessment proceedings. Having satisfied himself regarding the escapement of income, the Assessing Officer has initiated reassessment proceedings. I.T.A. No.2784/Chny/2019 4 The initiation of proceedings u/s 147 cannot be faulted. The objections filed are rejected

Shree Aniruddha Upasana Foundation, Mumbai vs. CIT (Exemption), Mumbai

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

ITA 706/MUM/2022[2017-18]Status: DisposedITAT Mumbai19 Sept 2022AY 2017-18

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2017-18 Shree Aniruddha Upasana Cit (Exemption), Foundation, 601, 6Th Floor, Cumballa Hills Flat No. 702, Link Apartment, Vs. Mtnl Te Building, Pedder Tps Iii, Khari Village, Road, Dr. Gopalrao Deshmukh Khar (West), Marg, Cumballa Hill, Mumbai-400052. Mumbai-400026. Pan No. Aaics 9217 L Appellant Respondent Assessee By : Snehal Shah, Ar Revenue By : Smt. Shailja Rai, Cit-Dr Date Of Hearing : 01/08/2022 Date Of Pronouncement : 19/09/2022

For Appellant: Snehal Shah, ARFor Respondent: Smt. Shailja Rai, CIT-DR
Section 11(2)Section 143(3)Section 2Section 263

course of assessment proceedings, it is found 4. In case, during the course of assessment proceedings, it is found that there is potential escapement of income exceeding that there is potential escapement of income exceeding ₹10 lakhs ₹10 lakhs Shree Aniruddha Upasana Foundation Shree Aniruddha Upasana Foundation ... notice of the Assessing Officer that Scrutiny cases, if it comes to the notice of the Assessing Officer that there is potential escapement of income exceeding Rs. fiv there is potential escapement of income exceeding Rs. fiv there is potential escapement of income exceeding Rs. five lakhs (for metro charges

Saravana Foundation, Chennai vs. ITO, Ncw-15(4), Chennai

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

ITA 3376/CHNY/2018[2011-12]Status: DisposedITAT Chennai16 Sept 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3376/Chny/2018 िनधा"रण वष"/Assessment Years: 2011-12 M/S. Saravana Foundation, Vs. The Income Tax Officer, 15, Bajanai Koil Street, Non Corporate Ward 15(4), Besant Nagar, Chennai 600 090. Chennai. [Pan:Abmfs6610H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Ca ""थ" की ओर से/Respondent By : Shri S. Chandrasekaran, Jcit सुनवाई की तारीख/ Date Of Hearing : 06.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai Dated 17.09.2018 Relevant To The Assessment Year 2011-12 Challenging Confirmation Of Penalty Levied Under Section 271B Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri S. Chandrasekaran, JCIT
Section 133ASection 143(2)Section 143(3)Section 147oSection 148Section 271BSection 44A

filed its returns of income properly. As survey was conducted under section 133A of the Act, evidences were found in respect of escapement of income earned and in order to assess the escaped Income, the assessment for the assessment yew 2008-09 to 2012-13 were reopened under section 147of

Indus Cityscapes, Chennai vs. DCIT Corporate Circle 2 (2), Chennai

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

ITA 1226/CHNY/2018[2008-09]Status: DisposedITAT Chennai16 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1226/Chny/2018 िनधा"रण वष"/Assessment Year: 2008-09 M/S. Indus Cityscapes Constructions Vs. The Deputy Commissioner Of Pvt. Ltd., No. 5-C, Ega Trade Centre, Income Tax, 809, Poonamalle High Road, Kilpauk, Corporate Circle 2(2), Chennai 600 010. Chennai. [Pan:Aabci2175A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Ca ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 06.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Chennai Dated 06.12.2017 Relevant To The Assessment Year 2008-09. 2. Facts Are, In Brief, That The Assessee Company Is Carrying Real Estate, Construction & Related Activities, Filed Return Of Income For The Assessment Year 2008-09 On 30.09.2008 Declaring A Total Income Of ₹.84,76,260/- & The Same Was Processed Under Section 143(1) Of The 2

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 143(3)Section 148Section 41(1)

Subsequently a notice under section 148 of the Act dated 27.03.2013 was issued to the assessee on the ground that there is an escapement of income. The assessee vide its letter dated 29.04.2013 requested to treat the original return filed as a return filed in lieu of the notice issued

Ratn & Co., Mumbai vs. ITO -19(3) (1), Mumbai

In the result, appeal filed by the assessee partly allowed

ITA 1981/MUM/2021[2012-13]Status: DisposedITAT Mumbai08 Sept 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalratan & Co. 5 – Navyug Sagar, Teen Batti, Walkeshwar, Mumbai-400006. Pan: Aadfr3713J ...... Appellant Vs. Ito-19(3)(1) Matru Mandir, Mumbai-400007. ..... Respondent Appellant By : Mr. Suchek Anchaliya Respondent By : None Date Of Hearing : 16/06/2022 Date Of Pronouncement : 08/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As [‘Nfac’] Dated 11.09.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit (A) Erred In Not Considering That The Assumption Of Jurisdiction By The Ld. Assessing

For Appellant: Mr. Suchek AnchaliyaFor Respondent: None
Section 142(1)Section 143(2)Section 147Section 148Section 250

Investigation), Mumbai 3. In this case, the information was received from the office of DGIT (Inv.), Mumbai showing certain pieces of information suggesting escapement of income. Thereafter, the case was selected for reassessment u/s 147 of the Act after recording reasons for reopening and obtaining requisite administrative approval. The case

Dharti Commercial Trading P. Ltd., Mumbai vs. ACIT Range-6(2)(2), Mumbai

ITA 1905/MUM/2020[2008-09]Status: DisposedITAT Mumbai06 Sept 2022AY 2008-09

Bench: Shri Prmod Kumar, Vp & Shri Amit Shukla, Jm 1. आयकरअपीलसं./ I.T.A. No. 1905/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2008-09) Acit Range-6(2)(2), Dharti Commercial Trading 5Th Floor, Aayakar Pvt. Ltd. Bhawan, Churchgate, (Formerly Known As Dharti बनाम/ Mumbai-400 020 Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & 2. आयकरअपीलसं./ I.T.A. No. 496/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2008-09) Dharti Commercial Trading Acit Range-6(1)(1), 5Th Floor, Aayakar Bhawan, Pvt. Ltd. Churchgate, (Formerly Known As Dharti Mumbai-400 020 बनाम/ Investment & Holdings Limited) Vs. Office No. C107, Plot No. 6, Sector 11, Dronagiri, Navi Mumbai-400702 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaccd2509C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Madhur Agarwal & Ms. Moksha Mehta, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Shri Sanjay Chandra, Ld. Dr

For Appellant: Shri Madhur Agarwal & MsFor Respondent: Shri Sanjay Chandra, Ld. DR
Section 143(3)Section 147Section 148Section 14A

assesssee to disclose fully and truly all .material facts necessary for its assessment, for the assessment year 2008-09. 16. Since the said escapement of income chargeable to tax is due to the non disclosure of material facts fully and satisfactorily by the assessee company during the course of original