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“material facts necessary for assessment”

ReassessmentSection 147Section 147564 judgments

The decision most relied on for material facts necessary for assessment is Calcutta Discount Co. Ltd. v. ITO (41 ITR 191), cited in 384 judgments on BharatTax.

Leading authorities on material facts necessary for assessment

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.

153 (Gujarat) 8 Shakti Karnawat v. ITO
296 ITR 90 · 2008 · High Court
171
citing judgments

A live link of third-party information can form the basis for reopening an assessment under Section 148, provided it contains material facts necessary for assessment. The Assessing Officer must demonstrate a "reason to believe" that income has escaped assessment, which can be satisfied by such information even if it pertains to other assessees or relates to accommodation entries.

Sound Casting (P) Ltd. v. Dy. CIT
250 CTR 119 · 2012 · High Court
51
citing judgments

An assessment cannot be reopened beyond four years from the end of the relevant assessment year unless the assessee failed to make a full and true disclosure of all material facts necessary for assessment.

ACIT v. CEAT Ltd.
449 ITR 171 · 2022 · Supreme Court
44
citing judgments

Reopening of an assessment beyond four years from the end of the relevant assessment year is invalid if it is based on a mere change of opinion or borrowed satisfaction, or if the reasons recorded do not explicitly allege the assessee's failure to truly and fully disclose all material facts necessary for assessment.

CIT v. Foramer Finance
251 ITR 416 · 2001 · High Court
41
citing judgments

Reopening assessments is permissible after four years if there was an escapement of income due to the assessee's failure to disclose material facts necessary for assessment, even if the initial assessment involved a change of opinion.

Dalmia P. Ltd. v. CIT
348 ITR 469 · 2012 · High Court
41
citing judgments

Reassessment proceedings are valid when there is a failure to disclose fully and truly all material facts necessary for assessment.

R 603 Mad. (14) Well Intertrade P. Ltd vs. CIT, 308 ITR 22 (Del) (15) Sitara Diamond P. Ltd. v. DCIT
343 ITR 183 · 2012 · High Court
40
citing judgments

Reopening assessment beyond four years under Section 147 is permissible only if the assessee failed to disclose fully and truly the material facts necessary for assessment. Mere change of opinion is not a valid ground for reopening.

Judgments citing material facts necessary for assessment

A. Jayapalan, Chennai vs. DCIT, Corporate Circle-3(2), Chennai

ITA 491/CHNY/2025[2013-14]Status: DisposedITAT Chennai11 Jun 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.491/Chny/2025 निर्धारण वर्ष/Assessment Year: 2013-14 & Stay Application No.21/Chny/2025 निर्धारण वर्ष/Assessment Year: 2013-14 Shri Annamalai Jayapalan, 3/400, 10Th Street, Venkateshwara Nagar, Kottivakkam, Chennai-600 041. [Pan: Aadpj 3842 Q] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Appellant By V. The Dcit, Corporate Circle-3(2), Chennai. (प्रत्यर्थी/Respondent) : Mr.K. Meenatchi Sundaram, Ca प्रत्यर्थी की ओर से / Respondent By : Mr.Keerthi Narayanan, Jcit सुनवाईकीतारीख/Date Of Hearing : 24.04.2025 घोषणाकीतारीख /Date Of Pronouncement : 11.06.2025 आदेश / Order Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/Nfac, (Hereinafter Referred To As "The Ld.Cit(A)"), Delhi, Dated 29.01.2025 For The

For Respondent: Mr.Keerthi Narayanan, JCIT
Section 139(1)Section 143(3)Section 147Section 148

satisfy the additional condition precedent before validly reopening the assessment i.e. the assessee failed to disclose fully and truly all the material facts necessary for assessment year as provided for under first proviso to section 147 of the Act, which condition precedent, in the instant case, according to the Ld.AR ... relevant assessment year was as a result of the failure on the part of the assessee to disclose truly and fully, all material facts necessary for assessment. He submitted that from the recorded reasons itself such satisfaction should have been discernible. Drawing attention to the reasons recorded (supra) and copy

My Healthskape Medicals Private Limited, Mumbai vs. Principal Commissioner of Income Tax Officer, Mumbai - 4, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2120/MUM/2024[2015-16]Status: DisposedITAT Mumbai05 Jun 2025AY 2015-16

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiyaआयकर अपील सुं./Ita No. 2120/Mum/2024 (नििाारण वर्ा / Assessment Year :2015-16) M/S. My Healthskape V/S. Pcit, Mumbai-4 Medicals Pvt. Ltd. बिाम Room No. 629, 6Th Floor, 4-425A, Sharma Industrial Aayakar Bhavan, Maharishi Estate, Walbhat Road, Karve Road, Mumbai- Goregaon (E), Mumbai- 400020 400063 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm4683K Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Rakesh Joshi राजस्व की ओर से /Revenue By: Shri Ritesh Misra

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra
Section 12ASection 135Section 143(3)Section 147Section 148Section 263Section 35Section 35(1)(ii)Section 37Section 80G

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. It is pertinent to mention here that even though the assessee has produced books of accounts, annual report, audited

Rajasthan Rajya Sahakari Bhoomi Vikas Bank Ltd, Jaipur vs. ACIT/DCIT Circle-6, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1488/JPR/2024[2013-14]Status: DisposedITAT Jaipur03 Jun 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Sanjay Kumar Giya, CAFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 271(1)(c)Section 44ASection 80P

differences of opinion on interpretation of law do not justify impositionof penalty. The assessee has acted in good faith and disclosed all material facts necessary for assessment. The disallowance of the claim in the assessment proceedings could not be the sole basis for levying penalty under section

DCIT, New Delhi vs. M/S Sahara India Mass Communication Ltd., Mumbai

In the result, the appeal of the revenue stands dismissed as above

ITA 3130/DEL/2011[2003-04]Status: DisposedITAT Delhi30 May 2025AY 2003-04

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 143(3)Section 147Section 148

assessee revealed that there was no allegation of failure on the part of the assessee to disclose truly and fully all material facts necessary for assessment. The reason for reopening the assessment was confined to escapement of income of Rs.50 Crores (payment made by the assessee to Lahiri). The reasons

Aashiyana Infrastructure Development Private Limited, Faridabad vs. ITO, Ward 1(2), New Delhi

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

ITA 3033/DEL/2024[2012-13]Status: DisposedITAT Delhi28 May 2025AY 2012-13

Bench: Shris.Rifaur Rahmanaashiyana Infrastructure Development Vs. Ito, Ward 1 (2), Private Limited, Delhi. Plot No.830, Near Asian Hospital, Sector 21A, Faridabad – 121 001 (Haryana). (Pan : Aafca2236A) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Sumit Lal Chandani, Advocate Shri Shivam Yadav, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 28.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.04.2024 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2012-13 On 28.09.2012 Declaring Income Of Rs.31,22,410/- Which Was Revised On 21.09.2013 At An Income Of Rs.22,16,310/-. The Case Was Selected For Scrutiny & The Assessment U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 68Section 69C

petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income chargeable to tax. Merely having a reason to believe that

Nagendra Kumar Singh, Patna vs. ITO, Ward-5(3), Patna

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

ITA 499/PAT/2024[2017-18]Status: DisposedITAT Patna26 May 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 499/Pat/2024 Assessment Year: 2017-2018 Nagendra Kumar Singh,………..…..……..……Appellant Flat No. 204B, Terrace Gardenia Apartment, Near Laddu Gopal Sweets, Shiv Shambhu Colony, Ashiana Digha Road, Patna-800025, Bihar [Pan:Czsps0879N] -Vs.- Income Tax Officer,……………………………...Respondent Ward-5(3), Patna, Bihar Appearances By: Shri Abhi Sarkar, Advocate, Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 30, 2025 Date Of Pronouncing The Order: May 26, 2025 O R D E R

Section 142(1)Section 148Section 234A

properties in the name of assessee and his family members. As the assessee did not furnish true and full disclosure of all material facts necessary for assessment, the ld. Assessing Officer vide its order dated 22.11.2019 treated the total income of the assessee at Rs.15,60,220/- and charged interest

O.K. Auto Components Pvt Ltd, Haryana vs. DCIT Circle-1, Haryana

In the result, the appeal filed by the assesee stand allowed

ITA 5358/DEL/2024[2013-14]Status: DisposedITAT Delhi21 May 2025AY 2013-14

Bench: Shri Shamim Yahya & Shri Vimal Kumarm/S O.K. Auto Components Vs. Dcit, Circle-1, (P) Ltd., Haryana A-131, Sgm Nagar, Faridabad Haryana – 121001 (Pan: Aaac05770E) (Appellant) (Respondent)

For Appellant: Shri Vijay Kumar Singla, CAFor Respondent: Sh. Choudhary N.C. Roy, Sr. DR
Section 133ASection 142(1)Section 143(3)Section 147Section 148ASection 68

other relevant documents alongwith 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 the assessee has produced P&L Account

Vinod Kohli, Gurgaon vs. ACIT Circle 35(1), New Delhi

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

ITA 896/DEL/2021[2012 - 2013]Status: DisposedITAT Delhi21 May 2025

Bench: Shri S. Rifaur Rahman

For Appellant: Ms. Monalisa Maity, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 148Section 148(2)Section 292B

condition is to be satisfied viz: there must be failure on the part of the Assessee to fully and truly disclose all material facts necessary for assessment. 15. In the present case, notice u/s 148 of the Act has been issued on 29.03.2018 in relation to A.Y. 2011-12. Hence ... escaped the assessment for a reason of failure on the part of assessee to disclose fully and truly all material facts necessary for assessment. 16. It is a settled law that the reasons which are recorded by the Assessing officer for reopening an assessment are the only reasons which

Assisstant Commisioner of Income Tax, Chennai vs. Estra Enterprises Private Limited, Chennai

ITA 1653/CHNY/2024[2014-15]Status: DisposedITAT Chennai16 May 2025AY 2014-15
For Appellant: Mr. S.Senthil Kumaran, CITFor Respondent: Mr.R.Sivaraman, Advocate
Section 143(3)Section 147Section 148Section 45(2)Section 53A

section (1) to section 142 or section 148 of the Act. c. Failure of the assessee to disclose fully and truly all material facts necessary for assessment. 9. In the present case, admittedly the extended period of six years is being invoked not under (a) or (b) set out above ... only in view of (c) i.e., failure to disclose fully and truly all material facts necessary for assessment. It is submitted by the learned counsel for the respondent/assessee that while furnishing the reasons for reassessment vide its communication dated 6-1-2014, there is no finding that there was failure

Yenkey Roller Flour Mills, Calicut vs. DCIT C-1(1), Kozhikkode

In the result, the appeal filed by the appellant stands allowed

ITA 522/COCH/2023[2006-2007]Status: DisposedITAT Cochin14 May 2025AY 2006-2007

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 147Section 148Section 149

sought to be reopened is in valid in law as there is no allegation that the appellant had failed to disclose relevant material facts necessary for assessment purposes placing reliance on the following judgments: - i) Dull Chand Singhania v. ACIT 269 ITR 192 (P&H) ii) General Motors India ... proviso, which relates to 6 Yenkey Roller Flour Mills failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. Insofar as this pre-condition is concerned, there is not a whisper of it in the reasons recorded by the Assessing Officer

Yashraj Estates Pvt Ltd, New Delhi vs. ACIT Central Circle-17, New Delhi

In the result, appeal filed by assessee is allowed

ITA 9902/DEL/2019[2011-12]Status: DisposedITAT Delhi08 May 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Ms. Madhumita Royassessment Year: 2011-12

Section 143(3)Section 147Section 148Section 151Section 153CSection 68

thus, reached to the conclusion that on account of failure on the part of the assessee to disclose truly and fully all material facts necessary for assessment, the income chargeable to tax to the extent of accommodation entries has escaped assessment within the meaning of Section

Institute Management Committee Iti Jhalawar, Jhalawar vs. ITO Ward Jhalawar, Jhalawar

The appeals of the assessee are hereby allowed

ITA 41/JPR/2025[2014-15]Status: DisposedITAT Jaipur05 May 2025AY 2014-15

Bench: Moving Towards The Facts Of The Case We Would Like To Mention That The Assessee In This Appeal Has Raised The Following Grounds;

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 10Section 144Section 147Section 151Section 234

Admittedly, the assessee-appellant is a trust. When the department noticed that the assessee-appellant had not disclosed fully and truly all material facts necessary for assessment, on 24.03.2021, the department issued notices to the assessee, u/s 148 of the Act. Said notices were issued as the assessee was found

Institute Management Committee Iti Jhalawar, Jhalawar vs. ITO Ward Jhalawar, Jhalawar

The appeals of the assessee are hereby allowed

ITA 39/JPR/2025[2013-14]Status: DisposedITAT Jaipur05 May 2025AY 2013-14

Bench: Moving Towards The Facts Of The Case We Would Like To Mention That The Assessee In This Appeal Has Raised The Following Grounds;

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 10Section 144Section 147Section 151Section 234

Admittedly, the assessee-appellant is a trust. When the department noticed that the assessee-appellant had not disclosed fully and truly all material facts necessary for assessment, on 24.03.2021, the department issued notices to the assessee, u/s 148 of the Act. Said notices were issued as the assessee was found

Shri Navinchandra N. Patel, Vadodara vs. The ACIT, Circle-1(2), Vadodara

In the result, the appeal of the assessee is allowed

ITA 869/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad30 Apr 2025AY 2012-13

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

For Appellant: Shri Vipul Shah, ARFor Respondent: Shri R.N. Dzouza, CIT-DR
Section 143(3)Section 147Section 148Section 148(2)Section 14ASection 234BSection 250Section 271(1)(c)Section 45(2)Section 69

financial interest in any entity) located outside India: Not applicable. 8. Findings of the AO on true and full disclosure of the material facts; necessary for assessment under Proviso to section 147 : (i) According to. section 2(47)(iv) of the Act, if capital asset is converted into stock ... sheet along with the 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 the assessee has produced books of accounts

Jai Prakash Shahani, Indore vs. Income Tax Officer - NFAC, Delhi

In the result, appeal of the assessee is allowed

ITA 524/IND/2023[2014-15]Status: DisposedITAT Indore29 Apr 2025AY 2014-15

Bench: Shri Manish Boradjai Prakashshahani, Income Tax Officer, Prop. M/S Jai Prakash Impex, Nfac, Delhi Vs. 73, New Palasia, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Apqps7948G Assessee By Ms. Ruchira Singhal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 27.02.2025 Date Of Pronouncement 29.04.2025

Section 139(1)Section 143(3)Section 144BSection 147Section 148Section 37

section 147. Rather, the A.O is under the obligation to arrive at such conclusion that the appellant failed to disclose all material facts necessary for assessment after applying his mind and verification of the facts in categorical terms as to which material fact was not so disclosed. 11. In light

Gopal Extrusions Pvt Ltd, Jalgaon vs. Income-Tax Officer, Ward - 1(2), Jalgaon

ITA 1633/PUN/2017[2008-09]Status: DisposedITAT Pune29 Apr 2025AY 2008-09

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita. No.1633/Pun/2017 Assessment Year : 2008-09

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath Murkunde
Section 143(3)

recorded for issue of notice do not indicate any failure on the part of the appellant to disclose fully and truly all material facts necessary for assessment, and hence, the jurisdictional requirement to reopen the assessment after four years from the end of the relevant assessment ... Nos.3 & 4 are that there is no findings of failure on the part of the appellant to disclose fully and truly all material facts necessary for assessment. In this regard the appellant has submitted in Grounds of appeal as under: "3]- On the facts and in the prevailing circumstance

ACIT, Mumbai vs. Reliance Industries Limited, Mumbai

In the result, the appeal of the Revenue is dismissed whereas the cross-objection of the assessee is allowed

ITA 3705/MUM/2024[2014-15]Status: DisposedITAT Mumbai29 Apr 2025AY 2014-15

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2014-15 Acit, Reliance Industries Ltd., Room No. 559, 5Th Floor, 3Rd Floor Maker Chamber Iv, Aayakar Bhavan, New Marine Vs. Nariman Point, S.O. Lines, Mumbai-400021. Mumbai-400020. Pan No. Aaacr 5055 K Appellant Respondent

For Appellant: Mr. Madhur Agarwal/Ms. MokshaFor Respondent: Ms. Sanyogita Nagpal, CIT-DR
Section 10ASection 115JSection 144BSection 144CSection 147Section 801B(9)

fresh tangible material; secondly, (ii) there was no failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment; thirdly, (iii) the reasons recorded for reopening were based on 'borrowed satisfaction' from the C&AG audit; and fourthly, (iv) the issues raised

M/S Union Bank of India, Mumbai vs. Deputy Commissioner of Incomet Tax. Circle- Ltu -2, Mumbai

In the result appeal of the assessee bearing ITA No

ITA 1678/MUM/2024[2015-16]Status: DisposedITAT Mumbai23 Apr 2025AY 2015-16

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member)

For Appellant: Shri C NareshFor Respondent: ShriKrishna Kumar SR. DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 90

there is a failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for the year under consideration.But in this case the claim in respect of exclusion of income of foreign branches was claimed in the return of income and the same ... been failure to disclose. Use of expression “….. It is quite clear that assessee company has failed to disclose fully and truly all material facts necessary for assessment...” is only a bald statement used to get out of the restrictions imposed in section 147 of the Act. 7. Mr. Pinto relied

R D Tea Limited, Kolkata vs. A.C.I.T., Circle - 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1555/KOL/2024[2012-2013]Status: DisposedITAT Kolkata22 Apr 2025AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1555/Kol/2024 Assessment Year: 2012-13 R D Tea Limited……………………..……………………………..………….……Appellant Dhandhania House, 2Nd Floor, 4, Middleton Street, Kolkata – 700071. [Pan: Aabcr3010M] Vs. Acit, Circle-4(1), Kolkata…..……....….….. ……………….........……...…..…..Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2025 Date Of Pronouncing The Order : April 22, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is Company Filed Its Original Return Of Income For The Assessment Year 2012-13 On 30.09.2012 By Declaring A Total Income Of Rs.67,34,990/-. The Case Of The Assessee Was Assessed U/S 143(3) Of The Act Vide Order Dated 19.03.2015 By Assessing Total Income Of Rs.86,23,780/- Which Was Subsequently Rectified U/S 154 Of The Act On 27.04.2015 By Assessing Total Income Of Rs.83,90,960/-. Thereafter, The Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing A Notice U/S 148 Of The Act On 27.03.2019 After Obtaining Approval From The Competent Authority. In Response To Such Notice, The Assessee Filed Its Return Of Income Again Declaring The Same Income As Earlier I.E. Rs.67,34,990/-. During The

Section 143(2)Section 143(3)Section 147Section 148Section 154Section 250Section 68

reassessment can be initiated only if there was failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. While recording the reasons, the Assessing Officer did not allege or suspect such failure on the part of the assessee, hence, the reassessment

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

specific charge in the reasons recorded of any failure on the part of the appellant to disclose fully and truly all material facts necessary for assessment, the reassessment initiated under section 148 of the Act, after the expiry of four years from the end of the relevant assessment year ... BSES Rajdhani Power Ltd. & Ors vs. ACIT failure on the part of the appellant in disclosing fully and truly all material facts necessary for assessment in connection with the aforesaid issues and the assessing officer had, after specifically verifying the claim(s) and forming opinion, allowed/ varied the same