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“income escaping assessment”

ReassessmentSection 147Section 1471,518 judgments

The decision most relied on for income escaping assessment is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on income escaping assessment

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 income escaping assessment

Imran Majeed, Srinagar vs. ITO Ward 1, Srinagar

In the result, the appeal for the Asstt

ITA 585/ASR/2024[2018-19]Status: DisposedITAT Amritsar25 Nov 2025AY 2018-19

Bench: Dr. M. L. Meena & Sh. Udayan Dasgupta

For Appellant: Sh. Rohit Kapoor, Adv. &
Section 147Section 148Section 148ASection 151Section 151ASection 250

grounds of delay in filing the SLP as well as on merits. “II. Section 151 of the Income Tax Act, 1961-Income escaping assessment - Sanction for issue of notice (General) Assessment year 2018-19 High Court held that where reassessment in case of assessee was initiated after expiry of three

Assistant Commissioner of Income Tax, Chennai vs. The Tamil Nadu Co-Operative Milk Producers Federation Limited, Chennai

In the result, the appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is allowed

ITA 2379/CHNY/2025[2017-18]Status: DisposedITAT Chennai25 Nov 2025AY 2017-18

Bench: Shri George George Kand Shri Jagadish

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Ms. T. Mythili, JCIT
Section 144BSection 147Section 148Section 250

lacking jurisdiction in view of Notification issued by the CBDT dated 29.03.2022 which formulated a Scheme called “the e-assessment of Income Escaping Assessment Scheme, 2022”. By & CO No.89/CHNY/2025 relying upon the decision of the Hon’ble High Court of Madras in the case of TVS Credit Services

DCIT, Circle-4(2), New Delhi vs. Cds Infra Projects Ltd., New Delhi

In the result, the appeal of Revenue and cross-objection of Assessee are dismissed

ITA 1445/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Nov 2025AY 2012-13

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2012-13 Deputy Commissioner Of Income Vs. M/S. Cds Infra Projects Ltd., B-94, Tax, Circle 4(2), Okhla Industrial Area, Phase-Ii, New Delhi. New Delhi-110020 Pan :Aadcc0273D (Appellant) (Respondent)

Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)Section 271(1)(b)

facts which were necessary for scrutiny assessment, there is no finding by the AO in the reasons recorded for forming a belief of income escaping assessment that what was the failure on the assessee's part in disclosing or submitting complete and true particulars. There is no mention

Navinbhai Ratilal Idria, Surat vs. ITO, Ward 2(3)(4), Surat

In the result, the appeal filed by the Assessee is hereby allowed

ITA 694/SRT/2025[2014-15]Status: DisposedITAT Surat21 Nov 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Bijayananda Pruseth (Accountant Member)

Section 144Section 147Section 148Section 148ASection 271(1)(c)

Income-tax Act, 1961 and section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020-Income escaping assessment Time limit for issuance of notice (TOLA, 2020) Assessment year 2013-14 to 2017-18 Whether Taxation and Other Laws (Relaxation and Amendment of Certain Provisions ... Income-tax Act, 1961 and section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020-Income escaping assessment (Sanction for issue of notice) Assessment years 2013-14 to 2017-18-Whether section 3(1) of TOLA relaxes time limit for compliance with actions that

Santosh Kumar Shukla, Lucknow vs. Assessment Unit, NFAC

ITA 400/LKW/2025[2015-16]Status: DisposedITAT Lucknow21 Nov 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Santosh Kumar Shukla V. The Assessment Unit 11A/141, Vrindavan Colony Nfac Lucknow (U.P) Tan/Pan:Bawps5372J (Appellant) (Respondent) Appellant By: Shri Shalabh Singh, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 12.03.2025 Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2015-16. 2. The Brief Facts Of The Case Are That The Assessee Was An Employee Of Planning Research & Action Division Of State Planning Institute, Since 1993. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148A(B) Of The Act, Vide Dated 16.03.2022 For The Reason That The Assessee Had Made Cash Deposits/Time Deposits In His Bank Account. In Response To Notice Under Section Under Section 148 Of The Act, The Assessee Filed His Return Of Income For The Year Under Consideration On 29.04.2022, Declaring A Total Income Of

For Appellant: Shri Shalabh Singh, AdvocateFor Respondent: Shri Amit Kumar, D.R
Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 69Section 69A

Lakhs (Rs.2,00,000+ 28,87,970 +27,00,000) This exercise was mischievously and purposely done as if to show that income escaping assessment is in excess of Rs.50 Lakhs although the amount actually considered were of Rs.27,00,000 only. 4. That both the assessment Order ... upon are 1.Sanath Kumar Murali Vs ITO (2023) 152 taxmann.com 231 (Karnataka HC): This judgment held that for reopening beyond three years, the income escaping assessment must be ₹50 lakh or more. The court indicated that the entire sale consideration of an asset should not be automatically considered as escaped

K.Y.S. Sponge Iron Pvt. Ltd., Kolkata vs. I.T.O., Ward - 3(1), Kolkata

Appeal of the assessee is allowed

ITA 2092/KOL/2025[2017-2018]Status: DisposedITAT Kolkata21 Nov 2025AY 2017-2018

Bench: Any Other Issue.

Section 148Section 148ASection 149(1)(b)Section 250Section 68Section 69A

directly co-related to the time when the notice is issued. This plays out as follows under the old regime: (i) If income escaping assessment was less than Rupees one lakh: (a) a reassessment notice could be issued under section 148 within four years after obtaining the approval ... appropriate authorities specified under section 151 of the new regime. The effect of Section 151 of the new regime is thus: (i) If income escaping assessment is less than Rupees fifty lakhs: (a) a reassessment notice could be issued within three years after obtaining the prior approval of the Principal

Deputy Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Southern Agrifurane Industries Pvt Ltd, Chennai

In the result, the the appeals filed by the assessee is allowed and the assessee is allowed and the

ITA 1612/CHNY/2025[2018-19]Status: DisposedITAT Chennai21 Nov 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mrs. C. Yamuna, CIT &
Section 147Section 148Section 148ASection 151Section 151A

Parliament] and formulat each House of Parliament] and formulated a Scheme called "the e ed a Scheme called "the e- Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after 'the Scheme') which

Deputy Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Southern Agrifurane Industries Pvt Ltd, Chennai

In the result, the the appeals filed by the assessee is allowed and the assessee is allowed and the

ITA 1611/CHNY/2025[2017-18]Status: DisposedITAT Chennai21 Nov 2025AY 2017-18

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mrs. C. Yamuna, CIT &
Section 147Section 148Section 148ASection 151Section 151A

Parliament] and formulat each House of Parliament] and formulated a Scheme called "the e ed a Scheme called "the e- Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after 'the Scheme') which

Sothern Agrifurane Industries Pvt. Ltd., Chennai vs. ACIT, Central Circle-2(2), Chennai

In the result, the the appeals filed by the assessee is allowed and the assessee is allowed and the

ITA 1547/CHNY/2025[2018-19]Status: DisposedITAT Chennai21 Nov 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mrs. C. Yamuna, CIT &
Section 147Section 148Section 148ASection 151Section 151A

Parliament] and formulat each House of Parliament] and formulated a Scheme called "the e ed a Scheme called "the e- Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after 'the Scheme') which

Southern Agrifurane Industries Pvt. Ltd., Chennai vs. ACIT, Central Circle-2(2), Chennai

In the result, the the appeals filed by the assessee is allowed and the assessee is allowed and the

ITA 1546/CHNY/2025[2018-19]Status: DisposedITAT Chennai21 Nov 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mrs. C. Yamuna, CIT &
Section 147Section 148Section 148ASection 151Section 151A

Parliament] and formulat each House of Parliament] and formulated a Scheme called "the e ed a Scheme called "the e- Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after 'the Scheme') which

Southern Agrifurane Industries Pvt. Ltd., Chennai vs. ACIT, Central Circle-2(2), Chennai

In the result, the the appeals filed by the assessee is allowed and the assessee is allowed and the

ITA 1545/CHNY/2025[2017-18]Status: DisposedITAT Chennai21 Nov 2025AY 2017-18

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. N. Arjun Raj, AdvocateFor Respondent: Mrs. C. Yamuna, CIT &
Section 147Section 148Section 148ASection 151Section 151A

Parliament] and formulat each House of Parliament] and formulated a Scheme called "the e ed a Scheme called "the e- Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after Assessment of Income Escaping Assessment Scheme, 2022"(herein after 'the Scheme') which

Southern Agrifurane Industries Pvt. Ltd., Chennai vs. ACIT, Central Circle-2(2), Chennai

In the result, both the appeals filed by the Revenue and the

ITA 1232/CHNY/2025[2014-15]Status: DisposedITAT Chennai21 Nov 2025AY 2014-15

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपीलसं./Ita No. 1163, 1256, 1257 & 1259/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 The Dcit, Central Circle-2(2), Chennai. V. M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. (अपीलार्थी/Appellant) [Pan: Aagcs 9705 F] (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.1231, 1232, 1234 & 1236/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. [Pan: Aagcs 9705 F] V. The Dcit, Central Circle-2(2), Chennai. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : Mrs. C. Yamuna, Cit & Mr. Bipin, Cit : Mr. N. Arjun Raj, Advocate : 08.10.2025 : 21.11.2025

Section 132Section 143(3)Section 147Section 148Section 149Section 250

conditions as stipulated in fourth proviso to Sec.153A(1). These conditions are (a) that certain income has escaped assessment; (b) the fact of income escaping assessment is evident from the books of accounts, other documents or evidences found in the course of search which are in the possession ... assessing officer; (c) that the escaped income pertains to the relevant assessment year or years; (d) that the income escaping assessment is represented by undisclosed specified asset; (e) that the undisclosed specified asset was acquired with the income of the relevant assessment year or years; (f) that the quantum

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

ITA 2845/MUM/2024[2012-13]Status: DisposedITAT Mumbai21 Nov 2025AY 2012-13
For Respondent: Shri Farooq Irani
Section 115JSection 143(3)Section 147Section 148

four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject ... four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

ITA 2841/MUM/2024[2014-15]Status: DisposedITAT Mumbai21 Nov 2025AY 2014-15
Section 115JSection 143(3)Section 147Section 148

four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject ... four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

ITA 2836/MUM/2024[2015-16]Status: DisposedITAT Mumbai21 Nov 2025AY 2015-16
Section 115JSection 143(3)Section 147Section 148

four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject ... four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

Year Objection No

ITA 2834/MUM/2024[2016-17]Status: DisposedITAT Mumbai21 Nov 2025AY 2016-17
For Appellant: Shri Faroog IraniFor Respondent: Shri Satya Pal Kumar&
Section 115JSection 143(3)Section 147Section 148

circumstances, it would be necessary to turn to section 147 of the Act, which reads as under: "147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of sections

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

ITA 2830/MUM/2024[2018-19]Status: DisposedITAT Mumbai21 Nov 2025AY 2018-19

Bench: SHRI VIKRAM SINGH YADAV , ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Farooq IraniFor Respondent: Shri Satya Pal Kumar&
Section 115JSection 143(3)Section 147Section 148

circumstances, it would be necessary to turn to section 147 of the Act, which reads as under: "147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of sections

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

ITA 2827/MUM/2024[2017-18]Status: DisposedITAT Mumbai21 Nov 2025AY 2017-18
For Appellant: Shri Farooq IraniFor Respondent: Shri Satya Pal Kumar&
Section 115JSection 143(3)Section 147Section 148

four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject ... four years from the end of the relevant assessment year, First Proviso to Section 147 of the Act, reproduced hereunder, was applicable. “147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject

DCIT 3.2.1, Mumbai vs. The New India Assurance Co Limited, Mumbai

Accordingly, Ground No.1 to 4 raised by the Assessee are allowed

ITA 2823/MUM/2024[2019-20]Status: DisposedITAT Mumbai21 Nov 2025AY 2019-20

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Farooq IraniFor Respondent: Shri Satya Pal Kumar&
Section 115JSection 143(3)Section 147Section 148

circumstances, it would be necessary to turn to section 147 of the Act, which reads as under: "147. Income escaping assessment.—If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of sections

The New India Assurance Co. Ltd, Mumbai vs. Assistant Commissioner of Income Tax, Income Tax Officer, NFAC, Mumbai

Accordingly, in terms of the aforesaid, Ground No. 3 to\n7 raised by the Assessee pertaining to merits of such\nadditions/disallowances are dismissed as having been rendered\ninfructuous

ITA 2623/MUM/2024[2019-20]Status: DisposedITAT Mumbai21 Nov 2025AY 2019-20

Bench: "CLEAN_TEXT": "IN THE INCOME TAX APPELLATE TRIBUNAL\n\"I\" BENCH, MUMBAI\n\nSHRI VIKRAM SINGH YADAV , ACCOUNTANT MEMBER\nSHRI RAHUL CHAUDHARY (Judicial Member)

Section 115JSection 143(3)Section 147Section 148

from the end\nof the relevant assessment year, First Proviso to Section 147 of\nthe Act, reproduced hereunder, was applicable.\n\n“147. Income escaping assessment.—If the Assessing\nOfficer has reason to believe that any income\nchargeable to tax has escaped assessment for any\n assessment year ... from the end\nof the relevant assessment year, First Proviso to Section 147 of\nthe Act, reproduced hereunder, was applicable.\n\n\"147. Income escaping assessment.—If the Assessing\nOfficer has reason to believe that any income\nchargeable to tax has escaped assessment for any\n assessment year