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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

Gdr Finance and Leasing P. Ltd, Delhi vs. Income Tax Officer, Delhi

In the result, the appeal of the assessee is allowed

ITA 802/DEL/2025[2018-19]Status: DisposedITAT Delhi23 Dec 2025AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarassessment Year : 2018-19 M/S Gdr Finance & Leasing Vs. Assessment Unit, Pvt. Ltd., Income Tax Officer, 323, Agrawal Plaza, Nfac. Dda Community Centre, Shalimar Bagh, New Delhi – 110 088. Pan: Aaacg2363D (Appellant) (Respondent) Assessee By : Shri C.S. Aggarwal, Sr. Advocate; Shri Rupinder Aggarwal, Shri R.P. Mall, Shri Uma Shankar, Ms Suman Verma & Ms Vidushi Aggarwal, Advocates Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 29.10.2025 Date Of Pronouncement : 23.12.2025 Order Per Vimal Kumar, Jm:

For Appellant: Shri C.S. Aggarwal, Sr. AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 133(6)Section 142Section 143(2)Section 147Section 148Section 148ASection 151ASection 250

appellant is unsustainable in law. The appellant-further requested that it be provided with: 4 1) Verbatim copy of information suggesting escapement of income available with our good self, based on which notice u/s 148A has been issued and the source thereof. 2) Copies of adverse material and adverse statements ... based on which, there is information with him suggesting escapement of income. 3) Copy of material gathered by AO on the basis of enquiry, if any, conducted under clause (a) of section 148 A. 4) Copy of approval of specified authority which may have been given before issuing notice

Colombia Cooperative Housing Society Limited, Bandra vs. Assessment Unit, NFAC

ITA 4222/MUM/2025[2015-16]Status: DisposedITAT Mumbai22 Dec 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Girish Agrawalcolombia Co-Operative Housing Vs Ito, Ward 23(1)(1), Mumbai Society Limited 5Th Floor, Piramal Chamber, C-486/B, Plot B, St. Domnie Road, Churchgate, Mumbai Bandra (West), Mumbai 400050 400012 Pan: (Aaaac2663A) Appellant Respondent Present For: Appellant By : Shri Pradip Kapasi, Ca Respondent By : Shri Virabhadra Mahajan, Sr. Dr (Virtually Present) Date Of Hearing : 23.09.2025 Date Of Pronouncement : 22.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/ 250/2025-26/1076003708(1) Dated 02.05.2025 Passed Against The Assessment Order U/S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 18.03.2024 For Ay 2015-16. 2. Grounds Taken By The Assessee Are Reproduced As Under: “Ground No. 1: Reopening & Reassessment A. The Ld. Cit(A) Erred In Law & On Facts In Confirming The Action Of The Ld.Ao Of Reopening & Reassessment. Your Appellant Prays That The Reopening & 2

For Appellant: Shri Pradip Kapasi, CAFor Respondent: Shri Virabhadra Mahajan, Sr. DR
Section 147Section 149(1)Section 45

facts in upholding the AO's order that was passed beyond the time limit u/s 149 without establishing that there was escapement of income exceeding Rs. 50 lakhs represented by an asset, etc C. The Ld. CIT(A) again erred in law and on facts in upholding the order