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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

ACIT, Jammu vs. Sh M.K. Ajat Shatru, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

escaped assessment has already been offered to tax and tax has also been paid on such income, as such, once there is no escapement of income, assumption of jurisdiction itself is bad in law. 39. Referring to the reasons recorded by the A.O. he submitted that in the reasons ... Ajatshatru, Jammu & Others, assessment, since such income has already been offered to tax, and hence the prerequisite before issuance of notice of escapement of income being not satisfied, assumption of jurisdiction u/s 148 of the Act and consequent order of assessment passed is unsustainable in law. Ld. Senior Counsel

Sunayana Commercial P. Ltd., Mumbai vs. Pr. CIT -City-3, Mumbai

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

ITA 900/MUM/2021[2011-12]Status: DisposedITAT Mumbai20 Jan 2022AY 2011-12

Bench: Shri Promod Kumar ()And Ms. Suchitra Kamble () Assessment Year: 2011-12 Sunayana Commercial Pvt. Ltd., Pr. Commissioner Of Income Tax, 609, 6Th Floor, Inizio, Cardial Vs. City-3, Room No. 612, 6Th Floor, Gracious Road, Opp. P & G Plaza, Andheri (East), Aayakarbhavan, Maharshikarve Mumbai-400099. Road, Mumbai-400020. Pan No. Aajcs 4896 A Appellant Respondent Assessee By : Mr. Prakash Jhunjhunwala, Ar Revenue By : Mr. Harendra Narayan Singh, Cit-Dr Date Of Hearing : 11/01/2022 Date Of Pronouncement : 20/01/2022

For Appellant: Mr. Prakash Jhunjhunwala, ARFor Respondent: Mr. Harendra Narayan Singh, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 14ASection 263Section 263d

revision order passedu/s 263 is bad in law, since the re-assessment order passed w/s 147 itselfwas invalid as the proposed addition of escapement of income as allegedin the notice w/s 148 was ultimately not made in the re-assessment order; 3. The Ld. Pr. CIT, having dropped the revision

DCIT (Ex) - 1(1), Mumbai vs. The Lohar Chawl Dawoodi Bohra Merchants Association, Mumbai

In the result, appeal filed by the learned Assessing Officer is dismissed

ITA 3635/MUM/2018[2012-13]Status: DisposedITAT Mumbai19 Jan 2022AY 2012-13

Bench: Ms Suchitra Kamble & Shri Prashant Maharishithe Dy. Commissioner Of The Lohar Chawl Dawoodi Income Tax (Ex) -1(1) Bohra Merchants’ Association Room No. 506, 5 Th Floor, Piramal Chambers, 56/62, Chandabai Bldg., Vs. Lalbaug, Parel, 2Nd Floor, Mangaldas Road, Lohar Chawl, Mumbai-400 012 Mumbai-400 002 Pan No. Aaatl0024D Appellant .. Respondent

For Appellant: Shri Deepak TralshawalaFor Respondent: Ms. Surabhi Sharma, CIT DR
Section 1Section 11Section 13(3)Section 36ASection 36A(3)Section 69A

utilization of the funds clearly shows that trust operates on the principle of mutuality. Assessee also contested that there has been no escapement of income and all the loans given and the repayment thereof are by the account payee cheques only. The learned assessing officer rejected the contention

Raghav Softech Pvt Ltd, New Delhi vs. ITO Ward - 20(4), New Delhi

The appeal of the assessee is allowed for statistical purpose

ITA 7127/DEL/2019[2011-12]Status: DisposedITAT Delhi18 Jan 2022AY 2011-12

Bench: Shri Kul Bharat[Assessment Year : 2011-12] Raghav Softech Pvt. Ltd. Vs Ito Vardhman Grand Plaza, Manglam Ward-20(4) Place, Sector-3, Rohini, New Delhi New Delhi Aaecr2527G Appellant Respondent Appellant By None Respondent By Shri Om Prakash, Sr. Dr Date Of Hearing 03.01.2022 Date Of Pronouncement 18.01.2022

Section 147Section 148Section 69

such requisite material, the so called 'reason' cannot be said to be based on any material to draw the requisite 'belief' of escapement of income. In the case of Anant Kumar Saharia vs. CIT reported in (1998) 232 ITR 533 (Gau.) 13 the Hon'ble High Court held that "there ... case there is no reason to believe that the income has escaped assessment The A.O recording reasons has not satisfied himself-far escapement of income arid issued notice on the basis of information received from the.ITC(HQ) (I&CI),Lucknow. It is clear that at the time of recording

Zanul Abiden Vahora, Mumbai vs. ITO Ward 15 (1)(5), Mumbai

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

ITA 1365/MUM/2020[2010-11]Status: DisposedITAT Mumbai17 Jan 2022AY 2010-11

Bench: Shri Promod Kumar ()And Ms. Suchitra Kamble () Assessment Year: 2010-11 Zanul Abiden Vahora, Ito, Wd-25(1)(5), Flat No. 7, Plot No. 156, Chandrakiran Vs. Room No. 611, C-12, Pratyaksh Society, Behind Tolani College, Shere Kar Bhavan, Bandra Kurla Punjab Society, Andheri (East), Complex, Bandra (East), Mumbai-400093. Mumbai-400051. Pan No. Ahtpv 0978 L Appellant Respondent Assessee By : Mr. Prakash Jhunjhunwala, Ar Revenue By : Mr. Hoshang B. Irani, Dr Date Of Hearing : 11/01/2022 Date Of Pronouncement : 17/01/2022

For Appellant: Mr. Prakash Jhunjhunwala, ARFor Respondent: Mr. Hoshang B. Irani, DR
Section 143(3)Section 148

issued in absence of fresh tangible material, without independent application of mind on borrowed satisfaction and without having valid reason to believe of escapement of income; 3. On facts and circumstances of the case and in Law, Ld. CIT(A) erred in confirming the rejection of appellant's books

M/S. Cisco Systems Services B.V. India Branch, Bengaluru vs. Deputy Commissioner of Income Tax, International Taxation, Circle- 1(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 2572/BANG/2019[2011-12]Status: DisposedITAT Bangalore12 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 2572/Bang/2019 Assessment Year : 2011-12 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, Mahatma Gandhi International Taxation, Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca Revenue By : Shri Pradeep Kumar, Cit (Dr) Date Of Hearing : 04-01-2022 Date Of Pronouncement : 12-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 31.12.2015 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. —India Branch (Hereinafter Referred To As 'The Appellant'), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Learned Ao') Dated October 15, 2019 Under Section 147 Read With Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (`The Act') Pursuant To The Directions Dated September 23, 2019 Issued By The Drp U/S 144C(5) Of The Act ('The Impugned Order') Inter-Alia On The Following Grounds:

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 147Section 156Section 234BSection 271(1)(c)Section 92C(2)

Office in India, and for purpose of the same arm's length revenue is remunerated to the Branch office, hence, there is no escapement of income, in India; 7. Erred in stating that the Assessee has ignored the receipts of the Head Office from third party Indian Page

Ferani Hotels Pvt Ltd., Mumbai vs. Dy CIT CC 4 (1), Mumbai

In the result, this appeal is allowed

ITA 7610/MUM/2019[2011-12]Status: DisposedITAT Mumbai11 Jan 2022AY 2011-12
Section 143Section 143(3)Section 147Section 148Section 80Section 80I

conditions for applicability of sections 80-IA (4) and 80-1B(10) of the Act and without having any tangible material indicating escapement of income. 3(b). On the facts and in the circumstances of the case and in law, the learned CIT (A) erred in finding that ... beneficiary and hence, inflated its purchases in its books, through such bogus bills. The inflation of purchases has therefore led to the escapement of income to the above extent. Therefore, there is a reasonable to believe that the income chargeable to tax to the extent

Advanced Enzyme Technologies Ltd., Mumbai vs. ACIT, Circle - 1, Thane

In the result, appeal filed by the assessee is allowed

ITA 7213/MUM/2019[2010-11]Status: DisposedITAT Mumbai11 Jan 2022AY 2010-11

Bench: Ms Suchitra Kamble, Jm & Shri Prashant Maharishi, Am Advanced Enzyme The Asst. Commissioner Of Technologies Ltd. Income Tax, Circle-1, Room No.22, 6Th Floor, B – Wing, Sun Magnetica, „A‟ Wing, Ashar It Partk, Ambika Vs. 5Th Floor, Lic Service Road, Nagar, Road No.16Z, Wagle Louiswadi, Thane(W) Estate, Thane (W), Mumbai-400 604 Mumbai- 400 604 Pan No. Aacfe7262L Appellant .. Respondent

For Appellant: Shri Vipul Joshi, MsFor Respondent: Shri Mehul Jain, DR
Section 10Section 143Section 147Section 148

show in the reasons recorded for reopening of the assessment that how the information originally submitted by the assessee has resulted into escapement of income by not disclosing certain things/information. Further if such things/information would have been disclosed the assessee would not have been allowed the claim of deduction

Inderjeet Kohli, New Delhi vs. DCIT Circle-38(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 6963/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Jan 2022AY 2011-12

Bench: Sh. Anil Chaturvedi

Section 147Section 148Section 22

aforesaid reasons submitted that the AO had not spelt out valid reasons and he had not formed any belief of any escapement of income but it was a case of fishing/roving inquiry. He submitted that the AO must have some tangible material at his command to form a belief that

Mr. Tulsi C Bhimjyani, Mumbai vs. Dy CIT CC 3 (2)(2), Mumbai

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

ITA 429/MUM/2020[2009-10]Status: DisposedITAT Mumbai06 Jan 2022AY 2009-10

Bench: Sri Vikas Awasthy, Jm & Sri Prashant Maharishi, Am आयकर अऩीऱ सुं./ Ita No. 429/Mum/2020 (यनधाियण िषि / Assessment Year 2009-10) Mr. Tulsi C. Bhimjyani The Dy. Commissioner Of 301, A Wing, Fortune 2000, Income Tax, Circle-3(2)(2), Bandra Kurla Complex, Mumbai-400 020 बनाम/ Bandra East, Vs. Mumbai-400 051 (अऩीऱाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी ऱेखा सुं./Pan No. Aabpb4740P अऩीराथी की ओय से / Appellant By : Shri Gaurav Bansal, Ar प्रत्मथी की ओय से / Respondent By : Shri Milind Chavan, Dr सुनिाई की तायीख / Date Of Hearing: 23.12.2021 घोषणा की तायीख / Date Of Pronouncement : 06.01.2022 आदेश / O R D E R प्रशाुंत महर्षि, ऱेखा सदस्य के द्वारा / Per Prashant Maharishi, Am:

For Appellant: Shri Gaurav Bansal, ARFor Respondent: Shri Milind Chavan, DR
Section 143(3)Section 147Section 148

erred in law and on facts in confirming the addition made by the assessing officer of Rs. 496,125/-us alleged escaped rental income on conjectures and surmises when the fact is that no rent was recoverable for the month of March 2009 in view of the termination ... reopen a concluded assessment, AO is empowered, provided that there is a tangible material to come to the conclusion that there is an escapement of income. The Assessing Officer is authorized to reassess the income only if the material aspects were not brought his notice during original assessment proceedings

Sambhavanath Infrabuild Farms (Successor to Lodha Construction P. Ltd P. Ltd., Mumbai vs. Asstt. CIT, Central Circle-7(3), Mumbai

ITA 1897/MUM/2020[2011-12]Status: DisposedITAT Mumbai06 Jan 2022AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesambhavnath Infrabuild & Farms Pvt. Ltd., V. Asst. Cit– Central Circle – 7(3) {Successor To Lodha Construction Pvt. Ltd.,} Room No. 655, 6Th Floor 412, 4Th Floor, 17G Vardhaman Chamber Aayakar Bhavan, M.K. Road Cawasji Patel Road, Horniman Circle Mumbai - 400020 Fort, Mumbai - 400001 Pan: Aalcs1394M (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By Shri B.K. Bagchi

For Appellant: Shri Anuj Kisnadwala
Section 147Section 148Section 148(2)Section 153ASection 69D

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 with a reasonable belief coupled with some material which suggest the escapement of income. Before invoking section ... reopen the assessment u/s 147, the Assessing officer has to satisfy himself that there is an escapement of income chargeable to tax. This pre-requisite condition under section 147 at the Act has been done away in the cases of search whereby the assessment of the six years

Krishna Devi, New Delhi vs. ITO, Ward- 38(3), New Delhi

ITA 6356/DEL/2019[2014-15]Status: DisposedITAT Delhi04 Jan 2022AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 6356/Del/2019 : Asstt. Year : 2014-15 Krishna Devi, Vs Income Tax Officer, F-26/124, Sector-7, Rohini, Ward-38(3), New Delhi-110085 New Delhi-110002 (Appellant) (Respondent) Pan No. Abrpd0875E Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 08.10.2021 Date Of Pronouncement: 04.01.2022

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. Umesh Takyar, Sr. DR
Section 115BSection 143(2)Section 147Section 148Section 68

aforesaid transactions. If the case is being reopened for the purpose of verification of the genuineness, how can there by satisfaction of escapement of income. Any satisfaction with regard to escapement of income or otherwise can be recorded only after the verification of genuineness, identification and creditworthiness of the transaction ... Officer, without applying his mind, has simply on the basis of information of the Investigation Wing jumped to the conclusion that there is escapement of income. From a perusal of the aforesaid reasons, we do not find any application of mind by the Assessing Officer for reaching to the conclusion

Frick India Ltd., New Delhi vs. DCIT, New Delhi

Accordingly, the appeal filed by the assessee is allowed in terms of our

ITA 330/DEL/2012[2005-06]Status: DisposedITAT Delhi30 Dec 2021AY 2005-06

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri Tarandeep Singh, Advocate and Shri Pulkit Verma, AdvocateFor Respondent: Shri Sumit Kumar Varma, Sr. DR
Section 143(3)Section 14ASection 251(2)Section 263Section 94(7)

certain additions of income or omit to disallow certain claims which are not admissible under the provisions of the Act thereby leading to escapement of income. The Income-tax Act provides for remedial measures which can be taken under these circumstances. While framing an assessment under section ... caused to the Revenue, or (f) where an item of income which ought to have been taxed remained untaxed, and there is an escapement of income, as a result of the assessee's failure to disclose fully and truly all material facts necessary for computation of income. 20. To ensure

Frick India Ltd vs. DCIT Circle-11 (1)

Accordingly, the appeal filed by the assessee is allowed in terms of our

ITA 2072/DEL/2008[2004-2005]Status: DisposedITAT Delhi30 Dec 2021AY 2004-2005

Bench: Shri G.S. Pannu & Shri Ravish Sood

For Appellant: Shri Tarandeep Singh, Advocate and Shri Pulkit Verma, AdvocateFor Respondent: Shri Sumit Kumar Varma, Sr. DR
Section 143(3)Section 14ASection 251(2)Section 263Section 94(7)

certain additions of income or omit to disallow certain claims which are not admissible under the provisions of the Act thereby leading to escapement of income. The Income-tax Act provides for remedial measures which can be taken under these circumstances. While framing an assessment under section ... caused to the Revenue, or (f) where an item of income which ought to have been taxed remained untaxed, and there is an escapement of income, as a result of the assessee's failure to disclose fully and truly all material facts necessary for computation of income. 20. To ensure

M/S. Vijaya Bank, Bangalore vs. Joint Commissioner of Income Tax, Ltu, Bangalore

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

ITA 1838/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Dec 2021AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year : 2013-14

For Appellant: Shri S. Ananthan, A.RFor Respondent: Shri Pradeep Kumar, D.R
Section 115JSection 143(3)Section 14ASection 194JSection 36(1)(vii)Section 36(1)(viia)Section 40

behalf of the Department. According to the Department, it is necessary to square off each individual account failing which there is likelihood of escapement of income from assessment. According to the Department, in cases where a borrower's account is written off by debiting P&L a/c and by crediting ... assessee will credit the repaid amount to the loans and advances account and not to the P&L a/c which would result in escapement of income from assessment. On the other hand, if bad debt is written off by closing the borrower's account individually, then the repaid amount

Joint Commissioner of Income Tax, Ltu, Bengaluru vs. M/S. Vijaya Bank, Bengaluru

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

ITA 1833/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Dec 2021AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year : 2013-14

For Appellant: Shri S. Ananthan, A.RFor Respondent: Shri Pradeep Kumar, D.R
Section 115JSection 143(3)Section 14ASection 194JSection 36(1)(vii)Section 36(1)(viia)Section 40

behalf of the Department. According to the Department, it is necessary to square off each individual account failing which there is likelihood of escapement of income from assessment. According to the Department, in cases where a borrower's account is written off by debiting P&L a/c and by crediting ... assessee will credit the repaid amount to the loans and advances account and not to the P&L a/c which would result in escapement of income from assessment. On the other hand, if bad debt is written off by closing the borrower's account individually, then the repaid amount

Assistant Commissioner of Income Tax, Circle- 4(2)(1), Bangalore vs. M/S. N G Balu Reddy HUF, Bangalore

In the result, the appeal of the Revenue is allowed

ITA 651/BANG/2020[2009-10]Status: DisposedITAT Bangalore21 Dec 2021AY 2009-10

Bench: Shri Chandra Poojari & Shri George George Kassessment Year : 2009-10

For Appellant: Smt. Sheethal, AdvocateFor Respondent: Shri Chetan R, Addl. CIT (DR)
Section 139(1)Section 139(4)Section 147Section 2(47)(v)

Further there was no new tangible material, and assessment was done only by change of opinion and suspicious that there is escapement of income. Further it is submitted that reopening can never be done on the basis of change of opinion. AO cannot stand on platform and catch two different

ACIT, New Delhi vs. M/S. South Delhi Promoters Ltd., New Delhi

In the result appeal of the revenue in ITA No

ITA 6402/DEL/2016[2007-08]Status: DisposedITAT Delhi16 Dec 2021AY 2007-08

Bench: Shri N.K. Billaiya & Shri Amit Shukla

For Appellant: Shri Gautam Jain, AdvFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 132(1)Section 143(3)Section 147Section 148Section 151Section 153CSection 68

material4', to borrow with respect the expression used by the supreme courl in Kelvinator (supra), to come to the conclusion that there is escapement of income. When there is no failure on the part of the assessee to furnish fid I and true particulars and there is no tangible material ... basis of which the assessing officer can allege escapement of income, the only consequence would be that the assessing officer was exercising the power of review on the very same materials which he is presumed to have examined This would amount to abuse of power to reassess

Tirlok Singh, Kurukshetra vs. DCIT, Intl. Taxation, Gurgaon

In the result, the appeal of the assessee stands allowed

ITA 3995/DEL/2018[2009-10]Status: DisposedITAT Delhi08 Dec 2021AY 2009-10

Bench: Shri Anil Chaturvedi& Shri Sanjay Gargआयकरअपीलसं./Ita No.3995/Del/2018 िनधा"रणवष" / Assessment Year : 2009-10 Sh. Tirlok Singh, बनाम The Dcit(International S/O Sh. Surjit Singh, Taxation), Circle, Village Kalsa, Tehsil Pehowa, Gurgaon Kurukshetra "थायीलेखासं./Pan No: Cbzps6654J अपीलाथ"/Appellant ""यथ"/Respondent Hearing Though Video Conferencing िनधा"रतीक"ओरसे/Assessee By : Shri Sudhir Sehgal, Advocate राज"वक"ओरसे/ Revenue By : Dr. Jagdish Singh, Sr. Dr सुनवाईक"तारीख/Date Of Hearing : 06.10.2021 उदघोषणाक"तारीख/Date Of Pronouncement : 08.12.2021 आदेश/Order Per Sanjay Garg:

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Dr. Jagdish Singh, Sr. DR
Section 143(3)Section 147Section 148Section 68

so.The concerned Assessing officer, who was having jurisdiction to frame the assessment, apparently, did not record reasons of having belief of escapement of income and also did not issue any notice u/s 148 of the Income Tax Act and, therefore, the assessment framed by him without assuming a valid jurisdiction

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

have finally ascertained the fact by legal evidence or conclusion. 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 question is whether there was relevant material on which a reasonable person could have formed ... requisite belief. Whether material would conclusively prove escapement of income is not the concern at that stage. This is so because the formation of the belief is within the realm of the subjective satisfaction of the Assessing Officer. ITO v. Selected Daiurband Coal