escapement of income — 3,765 case laws

Madhu Goyal, Raipur vs. Income Tax Officer, Ward-2(1), Raipur

In the result, appeal of the assessee is allowed

ITA 496/RPR/2024[2014-15]Status: HeardITAT Raipur17 Apr 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.496/Rpr/2024 "नधा"रण वष" /Assessment Year : 2014-15 Smt. Madhu Goyal D-36, Wallfort City, Bhatagaon, Raipur-492 001 (C.G) Pan: Aeypg1038E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sakshi Gopal Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR

Section 10(38)Section 143(2)Section 143(3)Section 144BSection 148Section 68

therefore, as per the contention of the Ld. Sr. DR, the “reasons to believe” are well founded for reassessment proceedings since there is escapement of income. 7. The Ld. Counsel for the assessee countering the afore-stated contention submitted that the return of income does not have any provision ... formed his reasons based on wrong facts. Resultantly, the order passed u/s. 147/148 becomes null and void. 9. The “reasons to believe” for escapement of income is the foundation stone for proceedings u/ss.147/148 of the Act. The “reasons to believe” should be based on material available with

Arjun Singh Meena, Jaipur vs. Income Tax Officer, Jaipur

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

ITA 42/JPR/2025[2010-11]Status: DisposedITAT Jaipur17 Apr 2025AY 2010-11

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Yogesh Kumar Sharma, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT

Section 144

therefore, a notice u/s 148 of the Act was issued to the assessee on 22.03.2017 after recording reasons for escapement of income and necessary approval were obtained to reopen the case of the assessee. The assessee has not filed any compliance in response to notice

ACIT, Circlle-34, Kolkata vs. Subhas Kumar Kedia, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1677/KOL/2024[2016-17]Status: DisposedITAT Kolkata17 Apr 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1677/Kol/2024 (नििाारण वर्ा / Assessment Year : 2016-2017) Acit, Circle-34, Kolkata Vs Subhas Kumar Kedia, 41, N.S.Road, Kolkata Pan No. :Afnpk 9669 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Ms. Shreya Loyalka, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2025 घोषणा की तारीख/Date Of Pronouncement : 17/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 05.06.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2016-2017, On The Following Grounds Of Appeal :- I) That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order U/S.148A(D) & All Subsequent Proceedings. Ii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Failed To Acknowledge The Fact That The Assesse Had Not Expressed Any Grievance Against The Validity Of Order U/S 148A(D) By Moving Any Writ Petition Which Should Have Been Done In Case Of Any Grievance After Getting The Sald Order U/S.148A(D). Iii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order When The Ld. Cit(A) Has No Jurisdiction To Deal With The Question Whether The 148A(D) Order Was Passed Validly Or Properly As An Order U/S.148A(D) Is Not An Appealable Order Before Ld. Cit(A) As Per Section 246A.

For Appellant: Ms. Shreya Loyalka, ARFor Respondent: Shri P.N.Barnwal, CIT-DR

Section 148Section 148ASection 149Section 151Section 246ASection 3Section 69A

considered before the Hon’ble Apex Court wherein it has been held that TOLA is not applicable for A.Y.2016- 2017 where the escapement of income is more than 50 lakhs since the period has not been expired. 7. Further we note that while passing the order u/s.148A

E Ashwath Narayan, Bangalore vs. Income Tax Officer, Ward-3(3)(1), Bangalore

In the result the appeal filed by the assessee is allowed

ITA 1920/BANG/2024[2015-16]Status: DisposedITAT Bangalore17 Apr 2025AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2015-16

For Appellant: Sri S. Satish, A.RFor Respondent: Ms. Neha Sahay, D.R

Section 142(1)Section 144Section 147Section 148Section 148ASection 149(1)Section 250Section 69A

notice under section 148 of the Act should not be issued. The information which suggested that there has been an escapement of income from assessment provided details of a property that Petitioner had purchased. Petitioner was directed to provide head-wise computation of income, details of purchase of immovable property

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT- Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 449/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh16 Apr 2025AY 2015-16

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R

Section 147Section 148Section 203(1)Section 263

present case, u/s 147 of the Act, was invalid, is the insufficiency of information leading to the formation of belief of escapement of income, which it is settled law, is an essential prerequisite for reopening the case u/s 147 of the Act. 17. We have patiently heard at length ... that the reasons recorded do not demonstrate sufficient information in the possession of the AO to lead to the formation of belief of escapement of income. In fact the information available with the AO could not have lead to the formation of belief of escapement of any income

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 448/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh16 Apr 2025AY 2014-15

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16 Vs Pcitchandigarh 1, Chandigarh Indo Pacific Finlease Ltd., Sco-98-99, Sector 34 Sub City Centre, Chandigarh 160002 स्थायीलेखासं./Panno. Aaaci2176E अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Sh. Ashok Goel, C.A. Revenue By : Sh.Rohit Sharma, Cit-D.R. Date Of Hearing :19.03.2025 Date Of Pronouncement ;16/04/2025 Physical Hearing Order Per Laliet Kumar, J.M.: Both The Appeals Are Being Filed By The Assessee, Feeling Aggrieved By The Order Passed By The Ld. Pr. Commissioner Of Income Tax, Chandigarh-1 Dated 28.03.2024& 23.03.2024 U/S 263 For The Assessment Years: 2014-15& 2015-16. 2. The Assessee Has Raised The Common Grounds Of Appeal In Ita Nos.448 & 449/Chd/2024 As Under:

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R

Section 147Section 148Section 203(1)Section 263

present case, u/s 147 of the Act, was invalid, is the insufficiency of information leading to the formation of belief of escapement of income, which it is settled law, is an essential prerequisite for reopening the case u/s 147 of the Act. 17. We have patiently heard at length ... that the reasons recorded do not demonstrate sufficient information in the possession of the AO to lead to the formation of belief of escapement of income. In fact the information available with the AO could not have lead to the formation of belief of escapement of any income

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

appreciating that proceedings under section 147 of the Act were initiated on a mere change of opinion without formation of reasonable belief regarding escapement of income, which is sine-qua-non for assumption of valid jurisdiction 3.2. That the CIT(A) erred on facts and in law in not appreciating ... available on the paper book pages BSES Rajdhani Power Ltd. & Ors vs. ACIT 88 to 89, the AO has reason to believe of escapement of income on three issues which has already been considered and detailed inquiries were made in this regard in the original assessment orders

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

appreciating that proceedings under section 147 of the Act were initiated on a mere change of opinion without formation of reasonable belief regarding escapement of income, which is sine-qua-non for assumption of valid jurisdiction 3.2. That the CIT(A) erred on facts and in law in not appreciating ... available on the paper book pages BSES Rajdhani Power Ltd. & Ors vs. ACIT 88 to 89, the AO has reason to believe of escapement of income on three issues which has already been considered and detailed inquiries were made in this regard in the original assessment orders

M/S. Pushpak Bullion Pvt. Ltd., Ahmedabad vs. The DCIT, Circle-3(1)(1), Ahmedabad

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

ITA 1771/AHD/2019[2007-08]Status: DisposedITAT Ahmedabad15 Apr 2025AY 2007-08

Bench: Jurisdictional High Court & The Hon’Ble Gujarat High Court Dismissed The Writ Petition Filed By The Assessee Vide Judgment Dated 27-06-2016 In Sca No. 18512 Of 2015 & Upheld The Validity Of The Reassessment Notice.

Section 133(6)Section 143(1)Section 147Section 148Section 68

confirming the reassessment in as much as the assessment is reopened on the basis of third party information and that there is no escapement of income. 1.1 The appellant says and submits that the income escaped assessment is Rs. 12,61,70,000/- as per reasons recorded but income actually ... learned CIT(A) has erred in confirming the reassessment in as much as the AO has not formed independently his belief about the escapement of income but is guided by the information received from the Investigation Wing without making any inquiry. 3. The assessment is reopened on the ground that

M/S Godfrey Phillips India Ltd, Mumbai vs. The Assessing Officer, National Faceless Assessment Centre, Delhi/ Circle1(3)(1), Mumbai

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

ITA 1218/MUM/2024[2015-16]Status: DisposedITAT Mumbai15 Apr 2025AY 2015-16

Bench: Ms. Padmavathy S. & Shri. Raj Kumar Chauhan

Section 135Section 143(1)Section 143(2)Section 143(3)Section 147(1)Section 148Section 151Section 250Section 80G

material to suggest that the appellant/assessee has failed to disclose fully and truly all the material facts necessary for assessment which resulted into escapement of income from tax. . We have considered the rival submission and examined the impugned order. The ld. CIT(A) has dealt with the objections and arguments ... assessment earlier concluded has either expressly or by necessary implication expressed an opinion on a matter which is the basis of the alleged escapement of income that was taxable. If the assessment order is non-speaking cryptic or perfunctory in nature, it may be difficult to attribute to the assessing

Kishan Beej, Jamnagar vs. ITO Ward 2(1), Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 384/RJT/2024[2017-18]Status: DisposedITAT Rajkot11 Apr 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.384/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2017-18 Kishan Beej Ito, Wared-2(1) बनाम Kashivishvanath Road Jamnagar – 361 001 Nr. P & T Office Vs. Jamnagar – 361 001 Pan : Aacfk 2114 P (अपीलाथ"/Appellant) (""यथ"/Respondent) :

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR

Section 115BSection 142(1)Section 147Section 148Section 234ASection 250Section 271ASection 69Section 69A

show cause notice must be based on the information available. The issue under consideration is whether there is ‘information suggesting escapement of income' so as to invoke section 147 and issue notice under section 148. 14. Under the old law, the opening words were 'If the Assessing Officer has reason ... only if any income chargeable to tax has 'escaped assessment'. Thus, the AO is required to be prima facie satisfied that there is 'escapement of income', unlike earlier law which permitted action based on mere reason to believe. Mere reason to believe, cannot be a ground for carrying out assessment

Ajay Bakliwal, Kota vs. ACIT, Central Circle, Kota

In the result, the appeal of the assessee is allowed

ITA 1275/JPR/2024[2012-13]Status: DisposedITAT Jaipur11 Apr 2025AY 2012-13

For Appellant: Sh. Rajendra Sisodia, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR

Section 129Section 132(1)Section 139Section 142Section 143(2)Section 143(3)Section 147Section 148Section 153ASection 2(22)(e)

Delhi)[06- 10-2004] held that audit objection was material on basis of which Assessing Officer could definitely form a belief about escapement of income, even though earlier assessments were completed under section 143(3), challenge to validity of reassessment proceedings was rightly rejected by Assessing Officer. In view ... held that the AO was justified in making verification of facts after receipt of audit objection and the AO formed his belief about escapement of income after verification of facts. The AO has acted as per the established procedure and formed his belief after verification of facts. Hence, the objections