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“full and true disclosure”

ReassessmentSection 147Section 147449 judgments

The decision most relied on for full and true disclosure is CIT v. Kelvinator of India Ltd. (256 ITR 1), cited in 439 judgments on BharatTax.

Leading authorities on full and true disclosure

CIT v. Kelvinator of India Ltd.
256 ITR 1 · 2002 · High Court
439
citing judgments

An Assessing Officer cannot reopen an assessment under Section 147 based on a mere change of opinion regarding the same material available during the original assessment. Reopening requires fresh, tangible material or information that leads to a reason to believe income has escaped assessment.

Phool Chand Bajrang Lal v. ITO
203 ITR 456 · 1993 · Supreme Court
396
citing judgments

Reassessment proceedings under Section 147 are valid even after a scrutiny assessment under Section 143(3), provided the Assessing Officer forms a reason to believe, based on definite, specific, and reliable information, that income escaped assessment due to the assessee's failure to fully and truly disclose material facts.

Calcutta Discount Co. Ltd. v. ITO
41 ITR 191 · 1961 · Supreme Court
384
citing judgments

The assessee's duty is limited to disclosing all primary, material facts necessary for assessment, including entries, documents, and other evidence. It is for the Assessing Officer to draw inferences of fact and law, and the assessee is not obligated to offer such inferences.

CIT v. Foramer France
264 ITR 566 · 2003 · Supreme Court
253
citing judgments

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

Haryana Acrylic Manufacturing Company v. CIT
308 ITR 38 · 2009 · High Court
248
citing judgments

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

Asian Paints Ltd. v. DCIT
308 ITR 195 · 2009 · High Court
175
citing judgments

An Assessing Officer cannot issue a notice under Section 148 to reopen an assessment when all material facts were already before the AO during the original assessment, even if the AO failed to apply their mind at that time. Such an action constitutes an impermissible review of a concluded assessment rather than a reassessment based on fresh tangible material.

New Delhi Television Ltd. v. DCIT
116 Taxmann.com 151 · 2020 · Supreme Court
139
citing judgments

Reassessment initiated under Section 147/148 is invalid if the Assessing Officer relies on material obtained post-recording of reasons, or if it amounts to a mere change of opinion on facts fully and truly disclosed by the assessee during the original assessment. An assessee's obligation extends only to the full and true disclosure of primary facts, not to provide further assistance or inferences.

Sabh Infrastructure Ltd. v. ACIT
398 ITR 198 · 2017 · High Court
137
citing judgments

Sanction under Section 151 granted in a mechanical manner, without application of mind, vitiates reassessment proceedings under Sections 147 and 148. The court also laid down guidelines for the Revenue to follow when reopening assessments, emphasizing the need to provide reasons and approval documentation to the assessee.

Judgments citing full and true disclosure

Jain Textile Industries, Gurgaon vs. Assistant Commissioner of Income-Tax, Circle-1(1), Gurgaon

In the result, Appeal of the Assessee is dismissed as devoid of

ITA 932/DEL/2025[2014-15]Status: DisposedITAT Delhi24 Oct 2025AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Jain Textile Industries, V Assistant Commissioner Of 38, Milestone, Behrampur S Income Tax, Circle-1(1) Road, Village Khandsa, Hsiiddc Building, 4Th Floor, Gurgaon, Haryana Udyog Vihar, Phase-V, Gurgaon Pan: Aabfj8405F Appellant Respondent Assessee By Sh. Bhupender Jit Kumar, Adv, Sh. Nikhil Sharma, Adv & Sh. Tushar Kalra, Adv Revenue By Sh. Dheeraj Kumar Jain, Sr. Dr Date Of Hearing 03/09/2025 Date Of Pronouncement 24/10/2025

Section 143(3)Section 144Section 147Section 251(1)(a)

true that the assessee has submitted information and documents along with return of income where various information/ material were disclosed. However, the requisite full and true disclosure of all material facts necessary for assessment has not been made as noted above. It is pertinent to mention here that even though

DCIT, Central Circle-14, Delhi vs. Parveen Aggarwal, Gurgaon

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 197/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

assessee has filed audited P&L A/c and balance sheet along with return of income where various information/material were disclosed. However, the requisite full and true disclosure of all material facts necessary for assessment has not been made as noted above. If is pertinent to mention here that even though

Parveen Aggarwal, Gurgaon vs. ACIT Central Circle-14, New Delhi

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 178/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

assessee has filed audited P&L A/c and balance sheet along with return of income where various information/material were disclosed. However, the requisite full and true disclosure of all material facts necessary for assessment has not been made as noted above. If is pertinent to mention here that even though

Balachandra Builders Pvt. Ltd., Chennai vs. DCIT, Corp. Circle-1(2), Chennai

In the result, appeal of the assessee is allowed

ITA 989/CHNY/2025[2010-11]Status: DisposedITAT Chennai21 Oct 2025AY 2010-11

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 989/Chny/2025 िनधा"रण वष"/Assessment Year : 2010-11 V. Balchandra Builders Private Limited, Deputy Commissioner Of No.10 Venkataratnam Nagar, Adyar, Income Tax, Chennai- 600 020. Corporate Circle 1(2), Chennai. [Pan: Aaacb6727A] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.N.Arjun Raj, Advocate, : ""यथ" क" ओर से /Respondent By Ms.R.Anitha, Addl.Cit : सुनवाई क" तार"ख/Date Of Hearing 28.07.2025 : घोषणा क" तार"ख /Date Of Pronouncement 21.10.2025

Section 143(2)Section 143(3)Section 147Section 148Section 80I

Assessing Officer indicating income that had escaped taxation. It applies equally to lease income as well as the claim of administrative expenses. A full and true disclosure has been made insofar as all materials germane to the computation of income and it forms part of return of income. In such

J vs. Exports, Maduraivs.DCIT, Ncc-2, Madurai

In the result, the appeal of the assessee is allowed

ITA 2059/CHNY/2025[2013-14]Status: DisposedITAT Chennai16 Oct 2025AY 2013-14

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकरअपीलसं./Ita No.:2059/Chny/2025 यनिाारणवर्ा / Assessment Year:2013-14 Jvs Export, Deputy Commissioner Of No.32, Sarojini Street, Vs. Income Tax, Chinna Chokkikulam, Non-Corporate Circle-2 Madurai, Madurai. Tamil Nadu-625 002. [Pan:Aabfj2836N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे/Appellant By : Mr.N.Arjun Raj, Advocate प्रत्यर्थीकीओरसे/Revenue By : Ms.R.Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 15.10.2025 घोर्णाकीतारीख/Date Of Pronouncement: 16.10.2025 आदेश /O R D E R Per M. Balaganesh, Am : This Appeal By The Assessee Is Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Nfac, Delhi, (In Short Ld.Cit(A) For The Assessment Year 2013-14, Vide Order Dated 21.05.2025. 2. The Preliminary Issue Raised By The Assessee Is Challenging The Validity Of Assumption Of Jurisdiction For Reopening The Assessment In The Instant Case. 3. We Have Heard The Rival Submissions & Perused The Materials Available On Record. The Assessee Is A Partnership Firm & Had Filed Its

For Appellant: Mr.N.Arjun Raj, AdvocateFor Respondent: Ms.R.Anitha, Addl.CIT
Section 143(3)Section 147Section 43(5)Section 73(1)

Assessing Officer indicating income that had escaped taxation. It applies equally to lease income as well as the claim of administrative expenses. A full and true disclosure has been made insofar as all materials germane to the computation of income and it forms part of return of income. In such

L.H Sugar Factories Ltd., Pilibhit vs. Dy. Commissioner of Income Tax, Bareilly

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

ITA 194/LKW/2020[2012-13]Status: DisposedITAT Lucknow15 Oct 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 143Section 143(3)Section 147Section 148Section 151

reopening of assessment proceedings beyond a period of four years from the end of the relevant assessment year was invalid when there was full and true disclosure on the part of the assessee. The learned A.R. for the assessee also placed reliance on Jagat Jayantilal Parikh vs. Dy.CIT

Brand India Real Estate Private Limited, Jaipur vs. Income Tax Officer Ward 6(1), Jaipur

In the result, appeal of the assessee is allowed

ITA 514/JPR/2025[2012-2013]Status: DisposedITAT Jaipur29 Sept 2025AY 2012-2013
For Appellant: Shri Siddharth Ranka, Adv. &For Respondent: Shri Dharam Singh Meena, JCIT
Section 132Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

income but also filed the ample detail & documents in respect of share application. Therefore, the observation of ld. AO that “the requisite full and true disclosure of all materials facts necessary for assessment has not been made as noted above” is completely perverse. Something which could be discovered ... primary facts—Hence, Tribunal rightly set aside the reassessment order (vii) Kimplas Trenton Fittings Ltd V/s ACIT [2012] 340 ITR 299 (Bom.), Reassessment Full and true disclosure—Notice after expiry of four years-Jurisdictional condition under s.147 in such a case is that there must be a failure

The Deputy Commissioner of Income Tax, Central Circle, Dehradun vs. M/S. Sharda Exports, Haridwar

In the result, appeal of the Assessee in ITA No

ITA 45/DDN/2022[2007-08]Status: DisposedITAT Dehradun26 Sept 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal

Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

wherein, the ld AO is bound to disclose the fact that there was a failure on the part of the Assessee to make full and true disclosure of all material facts that are relevant for the purpose of assessment. On perusal of the reasons recorded in page 6 (for first

The Deputy Commissioner of Income Tax, Central Circle, Dehradun vs. M/S. Sharda Exports, Haridwar

In the result, appeal of the Assessee in ITA No

ITA 44/DDN/2022[2006-07]Status: DisposedITAT Dehradun26 Sept 2025AY 2006-07

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal

Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

wherein, the ld AO is bound to disclose the fact that there was a failure on the part of the Assessee to make full and true disclosure of all material facts that are relevant for the purpose of assessment. On perusal of the reasons recorded in page 6 (for first

M/S. Sharda Exports, Meerut vs. The Assistant Commissioner of Income Tax, Central Circle, Dehradun

In the result, appeal of the Assessee in ITA No

ITA 41/DDN/2022[2007-2008]Status: DisposedITAT Dehradun26 Sept 2025AY 2007-2008

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal

Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

wherein, the ld AO is bound to disclose the fact that there was a failure on the part of the Assessee to make full and true disclosure of all material facts that are relevant for the purpose of assessment. On perusal of the reasons recorded in page 6 (for first

M/S. Sharda Exports, Meerut vs. The Assistant Commissioner of Income Tax, Central Circle, Dehradun

In the result, appeal of the Assessee in ITA No

ITA 40/DDN/2022[2006-07]Status: DisposedITAT Dehradun26 Sept 2025AY 2006-07

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal

Section 139Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

wherein, the ld AO is bound to disclose the fact that there was a failure on the part of the Assessee to make full and true disclosure of all material facts that are relevant for the purpose of assessment. On perusal of the reasons recorded in page 6 (for first

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2112/MUM/2025[2013-14]Status: DisposedITAT Mumbai22 Sept 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR
Section 10ASection 143(3)Section 147Section 35(1)(ii)

assessment proceedings are to be initiated after a period of four years on the ground that the assessee failed to make full and true disclosure of all necessary facts, then the Assessing Officer must state so in the reasons and the action must be founded on such reason." 11. Also

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2111/MUM/2025[2012-13]Status: DisposedITAT Mumbai22 Sept 2025AY 2012-13

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR
Section 10ASection 143(3)Section 147Section 35(1)(ii)

assessment proceedings are to be initiated after a period of four years on the ground that the assessee failed to make full and true disclosure of all necessary facts, then the Assessing Officer must state so in the reasons and the action must be founded on such reason." 11. Also

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2110/MUM/2025[2011-12]Status: DisposedITAT Mumbai22 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Sukhsagar Syal, AdvocateFor Respondent: Shri Umashankar Prasad, CIT DR
Section 10ASection 143(3)Section 147Section 35(1)(ii)

assessment proceedings are to be initiated after a period of four years on the ground that the assessee failed to make full and true disclosure of all necessary facts, then the Assessing Officer must state so in the reasons and the action must be founded on such reason." 11. Also

Raymix Concrete India Pvt. Ltd., Chennai vs. DCIT, Corp. Circle-5(1), Chennai

In the result, the appeal of the assessee is allowed

ITA 2770/CHNY/2024[2012-13]Status: DisposedITAT Chennai19 Sept 2025AY 2012-13

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Mrs. Lekha, C. AFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 147Section 148Section 149Section 37

years from the end of the relevant assessment year unless there was a failure on the part of the assessee to make a full and true disclosure of all material facts. The ld.AR further submitted that the AO had completed the original assessment after examining all relevant records called

ACIT -7(1)(1), Mumbai vs. Mazagon Dock Shipbuilders Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 6574/MUM/2024[2005-06]Status: DisposedITAT Mumbai18 Sept 2025AY 2005-06

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2005-06 Assistant Commissioner Of Mazagon Dock Shipbuilders Income Tax-7(1)(1), Ltd. Mumbai Mazdock House, Dockyard Vs. Road, Mazagon, Mumbai – 400010 (Pan: Aaacm8029) (Appellant) (Respondent)

For Appellant: Shri. Prateek Goyal, AdvocateFor Respondent: Shri. Umashankar Prasad, CIT DR
Section 143(3)Section 147Section 148Section 50C

reproduced above, which was always available on record in the original proceedings. According to the assessee, duty casted upon it to make full and true disclosure was duly met in the course of original assessment proceedings. 5. Further, on merits of the case, assessee strongly contended that provisions of section

Quality Enabled Remote Solutions (P) Ltd., New Delhi vs. ITO, Ward-20(3), New Delhi

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

ITA 4107/DEL/2018[2009-10]Status: DisposedITAT Delhi17 Sept 2025AY 2009-10

Bench: Shris.Rifaur Rahman & Shri Sudhir Pareekquality Enabled Remote Solutions (P) Ltd., Vs. Ito, Ward 20 (3), Ugf – 61A, World Trade Centre, New Delhi. Babur Road, Connaught Place, New Delhi – 110 001. (Pan :Aaacq0881A) (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate Shri Harshit Chauhan, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 09.07.2025 Date Of Order : 17.09.2025 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-25, New Delhi [“Ld. Cit(A)”, For Short] Dated 16.08.2017 For The Assessment Year 2009-10 Raising Following Grounds Of Appeal :- “1. The Order Passed By Id. Cit(A) Is Wrong Both On Facts & In Law.

For Appellant: Shri S. Krishnan, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 147Section 148Section 234A

entry providing companies being controlled by S.K. Jain. As per the information available on record i.e. ITR filed for AY 2009-10, the full and true disclosure with regard to 4 the above transaction was not made by the assessee as the fact that the share capital/share premium/share application/loan

Shashi Infra Construction Pvt. Ltd., Lucknow vs. ITO, Lucknow

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

ITA 353/LKW/2023[2016-17]Status: DisposedITAT Lucknow11 Sept 2025AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 Shashi Infra V. The Constructions Pvt Ltd Addl/Joint/Deputy/Asstt/Income 328B, 5Th Lane Rajendra Tax Officer, Lucknow Nagar, Lucknow-226004. National Faceless Assessment Centre Delhi Tan/Pan:Aaucs5802M (Appellant) (Respondent) Appellant By: Shri Saurabh Gupta, C.A. Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Saurabh Gupta, C.AFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 144Section 144BSection 147Section 148Section 253(3)Section 694ASection 69A

truly all material facts necessary for his assessment for that assessment year. In this context, it is well settled that the requirement of full and true disclosure on part of the assessee is not confined to filing of return alone but would continue all throughout during the assessment proceedings also

Vijay Tukaram Raundal, Pune vs. The Deputy Commissioner of Income Tax, Central Circle-1(2), Pune

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 1637/PUN/2024[2020-21]Status: DisposedITAT Pune03 Sept 2025AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Mihir NaniwadekarFor Respondent: Shri Amit Bobde, CIT
Section 115JSection 131Section 133ASection 271(1)(c)Section 80I

would not have come to notice had there been no survey u/s 133A. Therefore, it cannot be said that the assessee has made full and true disclosure. He accordingly submitted that the order of the Ld. CIT(A) SA Nos.7 to 9/PUN/2025 being in accordance with law should be upheld

Vijay Tukaram Raundal, Pune vs. The Deputy Commissioner of Income Tax, Central Circle-1(2), Pune

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 1636/PUN/2024[2015-16]Status: DisposedITAT Pune03 Sept 2025AY 2015-16

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Mihir NaniwadekarFor Respondent: Shri Amit Bobde, CIT
Section 115JSection 131Section 133ASection 271(1)(c)Section 80I

would not have come to notice had there been no survey u/s 133A. Therefore, it cannot be said that the assessee has made full and true disclosure. He accordingly submitted that the order of the Ld. CIT(A) SA Nos.7 to 9/PUN/2025 being in accordance with law should be upheld