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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

DCIT, Central Circle - 2, Noida vs. M/S Montage Enterprises Pvt. Ltd., New Delhi

ITA 5906/DEL/2025[2022-23]Status: DisposedITAT Delhi29 Dec 2025AY 2022-23

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2022-23 Montage Enterprises Pvt. Vs. Dcit/Acit, Ltd., Central Circle-Ii, 205, 2Nd Floor, V-4, Mayur Noida Plaza -2, Local Shopping Centre, Mayur Vihar, Phase-1, East Delhi, Delhi Pan :Aaccm8173H (Appellant) (Respondent) With Assessment Year: 2022-23 Dcit/Acit, Vs. Montage Enterprises Pvt. Ltd., Central Circle-Ii, 205, 2Nd Floor, V-4, Mayur Noida Plaza -2, Local Shopping Centre, Mayur Vihar, Phase-1, East Delhi, Delhi Pan: Aaccm8173H (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Aggarwal, Itp Department By Sh. Siddharth Bhim Singh Meena, Cit(Dr) Date Of Hearing 08.12.2025 Date Of Pronouncement 29.12.2025

Section 132Section 133ASection 143(3)Section 148Section 148B

section 148. The Explanation reads that if a search is initiated, “the Assessing Officer shall be deemed to have information suggesting escapement of income for the three assessment years immediately preceding the assessment year relevant to the previous year in which the search is initiated.” 13.1 Therefore, the only permissible ... Section 143 provides the general framework for regular assessment, whereas sections 147–148 (post-2021 regime) deal with reassessment based on information suggesting escapement of income, including that unearthed during a search. 13.4 A plain reading of section 143(2) shows that such notice can be issued only when

Montage Enterprises Private Limited, Mayur Vihar Phase-I, East Delhi vs. DCIT/ACIT Cen Cir-II, Noida, Central Circle-II

ITA 5458/DEL/2025[2022-23]Status: DisposedITAT Delhi29 Dec 2025AY 2022-23

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2022-23 Montage Enterprises Pvt. Vs. Dcit/Acit, Ltd., Central Circle-Ii, 205, 2Nd Floor, V-4, Mayur Noida Plaza -2, Local Shopping Centre, Mayur Vihar, Phase-1, East Delhi, Delhi Pan :Aaccm8173H (Appellant) (Respondent) With Assessment Year: 2022-23 Dcit/Acit, Vs. Montage Enterprises Pvt. Ltd., Central Circle-Ii, 205, 2Nd Floor, V-4, Mayur Noida Plaza -2, Local Shopping Centre, Mayur Vihar, Phase-1, East Delhi, Delhi Pan: Aaccm8173H (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Aggarwal, Itp Department By Sh. Siddharth Bhim Singh Meena, Cit(Dr) Date Of Hearing 08.12.2025 Date Of Pronouncement 29.12.2025

Section 132Section 133ASection 143(3)Section 148Section 148B

section 148. The Explanation reads that if a search is initiated, “the Assessing Officer shall be deemed to have information suggesting escapement of income for the three assessment years immediately preceding the assessment year relevant to the previous year in which the search is initiated.” 13.1 Therefore, the only permissible ... Section 143 provides the general framework for regular assessment, whereas sections 147–148 (post-2021 regime) deal with reassessment based on information suggesting escapement of income, including that unearthed during a search. 13.4 A plain reading of section 143(2) shows that such notice can be issued only when