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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

Ratansinh Solanki, Mahesana vs. Income Tax Officer Ward 1 Patan, Patan, Gujarat

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

ITA 526/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad04 Jul 2025AY 2018-19

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2018-19 Ratansinh Solanki Ito, Ward-1 Rajput Vas, At – Modhera Vs. Patan. Becharaji, Mehesana, Becharaji So Gujarat. Pan : Exyps 4701 K (Applicant) (Responent)

For Appellant: Shri Sunil Talati, AR
Section 115BSection 133(6)Section 142(1)Section 147Section 148Section 148ASection 250Section 69A

erred in upholding the reopening of the assessment under Section 147 of the Income Tax Act, 1961, as there was no valid escapement of income. The whole reopening is bad in law and void-ab- initio. Therefore, the order passed by the Ld. CIT (A) should deserve to be quashed

Incometax Officer Ward-3(3)(1), Ahmedabad vs. Deepa Rajendrakumar Agrawal, Ahmedabad

The appeal of the Revenue is dismissed

ITA 2206/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad04 Jul 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

Section 144BSection 147Section 148Section 151

reopening the case and submitted that the Ld. CIT(A) was not correct in holding that the conditions regarding escapement of income was not satisfied in the reasons recorded by the Assessing Officer. 8. Per contra. Shri Sunil Talati, Ld. AR of the assessee, at the outset, challenged the maintainability ... conclusion of the Assessing Officer for issue of notice under Section 148 of the Act was not proper. Further that there was no escapement of income as all the transactions were duly disclosed in the return of income filed by the assessee. 9. We have carefully considered the rival submissions

Incometax Officer Ward 3(3)(1), Ahmedabad vs. Deepa Rajendrakumar Agrawal, Ahmedabad

The appeal of the Revenue is dismissed

ITA 2205/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad04 Jul 2025AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

Section 144BSection 147Section 148Section 151

reopening the case and submitted that the Ld. CIT(A) was not correct in holding that the conditions regarding escapement of income was not satisfied in the reasons recorded by the Assessing Officer. 8. Per contra. Shri Sunil Talati, Ld. AR of the assessee, at the outset, challenged the maintainability ... conclusion of the Assessing Officer for issue of notice under Section 148 of the Act was not proper. Further that there was no escapement of income as all the transactions were duly disclosed in the return of income filed by the assessee. 9. We have carefully considered the rival submissions

DCIT, Delhi vs. Punjab National Bank, Delhi

In the result, the appeal of the Revenue in ITA No

ITA 2948/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Jul 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri K. Sampath, CAFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 14ASection 32(1)Section 36(1)(viii)Section 43B

balance sheet which was prepared in accordance with the RBI guidelines, learned assessing officer reached a conclusion that there was an escapement of income due to the preparation of the balance sheet in a particular way, as prescribed by the RBI. 36. If we appreciate the facts of this case

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 94/RPR/2025[2015-16]Status: DisposedITAT Raipur03 Jul 2025AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

short, "AO") held that assessee was one of such beneficiaries who got huge gains through sale of stocks and therefore there was escapement of income. Accordingly, notice was issued u/s. 148 on 06.05.2020 after taking prior approval from the competent authority. In response to the notice, the assessee filed return ... assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence it is considered to submit a proposal

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 93/RPR/2025[2014-15]Status: DisposedITAT Raipur03 Jul 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

short, "AO") held that assessee was one of such beneficiaries who got huge gains through sale of stocks and therefore there was escapement of income. Accordingly, notice was issued u/s. 148 on 06.05.2020 after taking prior approval from the competent authority. In response to the notice, the assessee filed return ... assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence it is considered to submit a proposal

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 92/RPR/2025[2013-14]Status: DisposedITAT Raipur03 Jul 2025AY 2013-14

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

short, "AO") held that assessee was one of such beneficiaries who got huge gains through sale of stocks and therefore there was escapement of income. Accordingly, notice was issued u/s. 148 on 06.05.2020 after taking prior approval from the competent authority. In response to the notice, the assessee filed return ... assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence it is considered to submit a proposal

Shiv Asrey Singh, Kanpur vs. Dy.CIT-2, Kanpur

The appeal of the assessee stands partly allowed

ITA 579/LKW/2024[2012-13]Status: DisposedITAT Lucknow03 Jul 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shiv Asrey Singh V. The Dcit-2 Sb-17, Sbi Colony Kanpur Ratanlal Nagar Kanpur Tan/Pan:Aizps6999M (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 10(38)Section 115BSection 143(2)Section 147Section 148Section 271(1)(c)

income accrued during the year under consideration, and the entire capital gains having been accrued in A.Y. 2011-12 consequently there being no escapement of income, moreover, there being no income generated from capital gains during this year, the entire proceedings initiated u/s.147/148 as upheld

Hakam Singh, Sangrur vs. Income Tax Officer, Ward-Sangrur, Sangrur

ITA 1130/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh03 Jul 2025AY 2019-20

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1130/Chd/2024 "नधा"रण वष" / Assessment Year : 2019-20 Hakam Singh, The Ito, बनाम C/O Tej Mohan Singh, Ward - Sangrur Advocate, Vs. #527, Sector 10D,Chandigarh "थायी लेखा सं./ Pan No: Bdwps5185E अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 05.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03 07.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 29.10.2024 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2019-20. 2. Grounds Of Appeal Are As Under:

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 144Section 144BSection 147Section 148Section 151

upholding the assessment framed by the Assessing Officer in as much as there has been no reason to believe that there was an escapement of income in as much as the reasons recorded are based only on borrowed information, incorrect facts and conjectures as such the order passed is illegal

Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad vs. B.Ramalinga Raju, Hyderabad

In the result, appeal filed by the Assessee and the appeal filed by the Revenue are allowed for statistical purposes

ITA 56/HYD/2020[2003-04]Status: DisposedITAT Hyderabad03 Jul 2025AY 2003-04

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA K C DevdasFor Respondent: Sri B Bala Krishna, CIT-DR
Section 143(3)Section 147

challenged the validity of the reopening of the assessment and contended that, there is no live nexus between the ‘formation of belief of escapement of income’ and material considered by the Assessing Officer which is evident from the reasons recorded for reopening of the assessment. The assessee had also challenged ... accordance with law and there is no merit in the arguments of the assessee that, there is no fresh material which suggest escapement of income in the hands of the assessee. The learned CIT(A) has discussed the issue at length in light of confession letter filed

Byrraju Ramalinga Raju, Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-8, Hyderabad

In the result, appeal filed by the Assessee and the appeal filed by the Revenue are allowed for statistical purposes

ITA 1865/HYD/2019[2003-04]Status: DisposedITAT Hyderabad03 Jul 2025AY 2003-04

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA K C DevdasFor Respondent: Sri B Bala Krishna, CIT-DR
Section 143(3)Section 147

challenged the validity of the reopening of the assessment and contended that, there is no live nexus between the ‘formation of belief of escapement of income’ and material considered by the Assessing Officer which is evident from the reasons recorded for reopening of the assessment. The assessee had also challenged ... accordance with law and there is no merit in the arguments of the assessee that, there is no fresh material which suggest escapement of income in the hands of the assessee. The learned CIT(A) has discussed the issue at length in light of confession letter filed

Anshul Singh, Kolkata vs. ITO, Ward 49(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 935/KOL/2025[2017-2018]Status: DisposedITAT Kolkata03 Jul 2025AY 2017-2018

Bench: Shri George Mathanआयकर अपील सं/Ita No.935/Kol/2025 (नििाारण वर्ा / Assessment Year :2017-2018) Anshul Singh Vs Ito, Wd 49(1), Kolkata C/O S.N. Ghosh & Associates, Ds-4, Uttarapan Complex, Advocates, 2, Garstin Place, 2Nd Ultadanga, Maniktala Civic Centre, Floor, Suite No.203, Off Hare Street, Kolkata-700054, West Bengal Kolkata-700001, West Bengal Pan No. :Csrps9550G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Somnath Ghosh, Ar : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr राजस्व की ओर से /Revenue By सुनवाई की तारीख / Date Of Hearing : 03/07/2025 घोषणा की तारीख/Date Of Pronouncement : 03/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 12.02.2025, Passed For The Assessment Year 2017-18. 2. Shri Somnath Ghosh, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. Ld.Ar Drew My Attention To The Reasons Recorded For Reopening Which Is Mentioned In Para 2 Of The Assessment Order, Reads As Follows :- “2. As Per The Information Available That- Credible Information Was Received From The Office Of Ddit(Inv.), Unit-2(1), Kolkata That The Assessee Has Deposited Cash Of Rs.7,46,000/- During Demonetization On Ohd Notes. From The Details Available It Was Found That The Assessee Has Deposited The Said Cash During Demonetization In The Bank Account Maintained By Him With Corporation Bank, Baguiati Branch. The Same Details Is Also Available In Its Details Of The 2 Assessee. However, The Source Of Such Huge Cash In Ohd Notes Is Not Ascertained As Per Financials Of The Assessee.”

For Appellant: Shri Somnath Ghosh, AR
Section 147Section 148

follows :- 24. We may note that the Assessing Officer after reproducing the information received from DDIT, (Investigation) Unit, drew the conclusion of escapement of income. In the case of Asst. CIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd. (2007) 291 IR 500 (SC), the Supreme Court had explained that expression

Gouri Shankar Goyal, Siliguri vs. A.C.I.T., Circle - 1, Siliguri

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

ITA 1748/KOL/2024[2013-2014]Status: DisposedITAT Kolkata03 Jul 2025AY 2013-2014

Bench: Shri George Mathangouri Shankar Goyal Vs Acit, Circle-1, Siliguri C/O Omprakash Agarwal(Goyal) Agrasen Road, Khalpara, Siliguri-734005 Pan No. :Adgpg 0529 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Girdhar Dhelia, Advocate राजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/06/2025 घोषणा की तारीख/Date Of Pronouncement : 03/07/2025

For Appellant: Shri Girdhar Dhelia, AdvocateFor Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 147Section 148

challenging the reopening as follows :- Additional Grounds: 1. For that the Reasons Recorded in this case is mechanical and without any information suggesting escapement of income, hence such re-opening is bad in law 2 ITANo.1748/KOL/2024 2. For that the approval granted on 11/12/2018 by Ld. PCIT, Siliguri for issuing

Lakshmi Narasimhan Santhi, Chennai vs. The Assessment Unit, NFAC, New Delhi, Delhi

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

ITA 3013/CHNY/2024[2013-14]Status: DisposedITAT Chennai02 Jul 2025AY 2013-14

Bench: Shri George George Kand Shri S.R. Raghunatha

For Appellant: Shri S.R. Srikrishna, CAFor Respondent: Shri Kumar Chandan, JCIT
Section 143(3)Section 147Section 148Section 148ASection 250

that assessee along with seven co-owners had sold an immovable property during the relevant assessment year, which suggested escapement of income. Later on, as per CBDT's instruction No. 1/2022 of F.No.279 /Misc. /M-51/2022-ITJ dated 11th May 2022 on Implementation of judgment of Hon'ble Supreme Court dated

Panjurajan Ganesan, Sivakasi vs. DCIT, CC - 2, Madurai

The appeal of the assessee is allowed

ITA 278/CHNY/2020[2009-10]Status: DisposedITAT Chennai02 Jul 2025AY 2009-10

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S. R. Raghunathaआयकरअपील सं./Ita Nos.278/Chny/2020 Assessment Year: 2009-10 Panjurajan Ganesan Vs. Deputy Commissioner Of Income Tax, No.74A, Velayutham Road, Corporate Circle-2, Sivakasi, Madurai. Tamil Nadu-626 123. [Pan:Abypg3315R] (अपीलार्थी/Assessee) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. D. Anand, Advocate प्रत्यर्थी की ओर से /Respondent By : Ms. G. Latchana, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 03.07.2025 घोषणा की तारीख /Date Of Pronouncement : 03.07.2025

For Appellant: Mr. D. Anand, AdvocateFor Respondent: Ms. G. Latchana, Addl.CIT
Section 132Section 143(3)Section 271Section 271(1)(c)Section 274

Thus, the words “furnished inaccurate particulars” is broader and would refer to inaccuracy which would cause under declaration or escapement of income. It may refer to particulars which should have been furnished or were required to be furnished or recorded in the books of account

Harsh Comtrade Pvt Ltd, Surat vs. Income Tax Officer, Ward 5(4), Kolkata

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

ITA 225/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

For Respondent: Shri S.B. Chakraborthy, Addl. CIT-Sr.DR
Section 148

copy of M/s. Fast Move Merchants Pvt. Ltd. [A/c. No.02060670002004]. Such inquiry cannot be termed as leading to any reason to believe any escapement of income. d. On scrutiny of the bank statement also, the only finding of the Assessing Officer is that there are multiple beneficiaries representing debit entries ... account against the receipts Rs. 27.59 crores. This observation of the Assessing Officer also does not lead to any reason to believe any escapement of income as it is very natural that debit in one bank account would lead to credit in another bank account who are referred by Assessing

Bright Classic Agencies, Tiruchengode vs. ITO, Ward-2, Tiruchengode

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

ITA 975/CHNY/2025[2017-18]Status: DisposedITAT Chennai01 Jul 2025AY 2017-18

Bench: Shri George George K

For Appellant: Shri T.S. Lakshmi VenkataramanFor Respondent: Smt. Samantha Mullamudi
Section 139(1)Section 147Section 148Section 250Section 270A

cash withdrawals. The assessee having not filed the return of income, the AO was of the view that there is escapement of income and issued notice u/s.148 of the Act on 29.03.2021. In response to notice issued u/s.148 of the Act, the assessee filed its return on 22.02.2022 admitting loss

Vanangamudi Vairamani Pandiyan, Chennai vs. ACIT, Central Circle-1(1), Chennai

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

ITA 2895/CHNY/2024[2018-19]Status: DisposedITAT Chennai01 Jul 2025AY 2018-19

Bench: Shri George George K

For Appellant: Shri P.M. Kathir, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 139(1)Section 147Section 148Section 151ASection 250

provisions of section 151A of the Act, the CIT(A) erred in failing to hold the reopening illegal. 4. There being no escapement of income, the CIT(A) grossly erred in upholding the reopening of assessment by the AO. 5. The information forming the basis for reopening being incorrect ... without considering the return of income filed by the assessee proceeded to reopen the assessment u/s.148 of the Act without any escapement of income. It was further submitted that pursuant to the notice issued u/s.148 of the Act, assessee had filed return of income and also Form No.67 for claiming

Annu Anil Agrawal, Mumbai vs. Assistant Commissioner of Income-Tax, Central Circle 4(4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 5473/MUM/2024[2011-2012]Status: DisposedITAT Mumbai01 Jul 2025AY 2011-2012

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 5473/Mum/2024 (नििाारण वर्ा / Assessment Year :2011-12) Annu Anil Agrawal V/S. Acit Cc 4(3), Mumbai Due C-3401/3402 Oberoi बिाम To Restructuring Current Esquire, Mohan Gokhale Jurisdiction Of Appellant Road, Off W. E. Highway, Lies With Acit 41(4)(1), Oberoi Garden City, Mumbai Goregaon East, Mumbai- Kautilya Bhawan, Bkc, 400063 Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Admpa0248F Appellant/अपीलार्थी Respondent/प्रनिवादी ..

For Appellant: Shri Suchek Anchaliya, Ms. RubyFor Respondent: Shri Aditya Rai
Section 10(38)Section 250Section 68Section 69

information without independent application of mind by the AO is invalid. The AO must demonstrate a rational connection between the material and the escapement of income. Here, the absence of a specific script name and reliance on an unrelated third-party statement weakens the AO's case. 12. Therefore

Deputy Commissioner of Income Tax- 4(3)(1), Mumbai vs. Speciality Papers Limited, Mumbai

Appeal of the revenue is partly allowed for statistical purposes

ITA 5054/MUM/2024[2013-14]Status: DisposedITAT Mumbai01 Jul 2025AY 2013-14

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Appellant: Ms. Neha Sharma 0 Advocate &For Respondent: Shri Arun Kanti Datta, CIT-DR
Section 131Section 132Section 143(3)Section 147Section 148ASection 153CSection 250

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