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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

Black Box Ltd (Formerly Known As Agc Networks Ltd), Navi Mumbai vs. DCIT-14(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1184/MUM/2023[2009-10]Status: DisposedITAT Mumbai18 Sept 2023AY 2009-10

Bench: Aby T Vakery & Shri Amarjit Singhblack Box Limited Vs. Deputy Commissioner Of 5Th Floor, Building No.9, Income Tax- 14(1)(1) Airoli Knowledge Park, 460, Aayakar Bhavan, Midc Industrial Area, M.K. Road, Airoli West, Navi Mumbai- 400020 Mumbai- 400708

For Appellant: Shri K.K. Ved, ARFor Respondent: Shri Ashok Kumar Ambastha
Section 147Section 250Section 271(1)(c)Section 3Section 35D

escaped assessment for such assessment years by reason of the failure on the part of the assessee to disclose fully the material facts necessary for assessment. 12. Since in the case of the as discussed supra in this order, the relevant material was available on record before assessing officer during

ACIT Circle-59(1), New Delhi vs. Neeraj Kumar Singhal, New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 283/DEL/2021[2009-10]Status: DisposedITAT Delhi13 Sept 2023AY 2009-10

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

For Appellant: Shri Shri Amit Goel, CAFor Respondent: Ms. Smita Singh, Sr.DR
Section 139Section 143(3)Section 147Section 148Section 151(1)

response to a notice W/s 142(1) or 148 and second by failure to disclose fully and truly all material facts necessary for assessment. The Ld. CIT(A) has erred in appreciating the fact that the assessee has not disclosed fully and truly material facts and new information came ... said Act unless and until there is failure on the part of the assessee to disclose fully and truly all the material facts necessary for assessment. In the present case, it has not been specifically indicated as to which material fact or facts was/were not disclosed by the petitioner

Maya Devi Agrawal, Raipur vs. Income Tax Officer-1(3), Raipur

In the result, the assessee's appeal is allowed in terms of my observations above

ITA 193/RPR/2023[2008-09]Status: DisposedITAT Raipur08 Sept 2023AY 2008-09

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 193/Rpr/2023 "नधा"रण वष" / Assessment Year : 2008-09 Maya Devi Agrawal Near Dena Bank, Dupan Para Kharora, Raipur (C.G.)-493 225 Pan : Acipa5876A .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(3), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

section 142 or section 148; or (ii). there was the failure of the assessee to fully and truly disclose all material facts necessary for assessment; her case could not have been reopened beyond four years from the end of the relevant assessment year. Admittedly, there had been no failure

M/S Sulaikha Clay Mines, Trivandrum vs. DCIT, Circle 1(2), Trivandrum

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 937/COCH/2022[2015-16]Status: DisposedITAT Cochin31 Aug 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

Sulaikha Clay Mines, Thiruvananthapuram vs. ACIT, Circle 1(2), Thiruvananthapuram

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 627/COCH/2022[2009-2010]Status: DisposedITAT Cochin31 Aug 2023AY 2009-2010

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

Sulaikha Clay Mines, Thiruvananthapuram vs. ACIT, Circle 1(2), Thiruvananthapuram

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 626/COCH/2022[2007-2008]Status: DisposedITAT Cochin31 Aug 2023AY 2007-2008

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

Sulaikha Clay Mines, Thiruvananthapuram vs. ACIT, Circle 1(2), Thiruvananthapuram

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 625/COCH/2022[2006-2007]Status: DisposedITAT Cochin31 Aug 2023AY 2006-2007

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

Sulaikha Clay Mines, Thiruvananthapuram vs. ACIT, Circle 1(2), Thiruvananthapuram

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 624/COCH/2022[2005-2006]Status: DisposedITAT Cochin31 Aug 2023AY 2005-2006

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

Sulaikha Clay Mines, Thiruvananthapuram vs. ACIT, Circle 1(2), Thiruvananthapuram

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 623/COCH/2022[2004-2005]Status: DisposedITAT Cochin31 Aug 2023AY 2004-2005

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

subject to assessment, but only processed u/s.143(1) of the Act. The pre-requisite of a failure to disclose fully and truly material facts necessary for assessment for the relevant year, where a reassessment is initiated beyond 4 years, is applicable only in the case of reopening of a regular

M/S Cummins Technologies India Private Limited, Dewas vs. The ACIT Circle 1(1), Ujjain

In the result, appeal of assessee is partly allowed

ITA 53/IND/2023[2009-10]Status: DisposedITAT Indore25 Aug 2023AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicummins Technologies Acit Circle -1(1) India Pvt. Ltd. Ujjain Industrial Area No.2 A.B. Vs. Road Industrial Area Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabct2018B Assessee By Shri Ketan K. Ved. Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.07.2023 Date Of Pronouncement 25.08.2023

Section 143(3)Section 148Section 44A

assessment year is not valid when there is no failure on the part of the assesse to disclose fully and truly all material facts necessary for assessment. 3. He has contended that the assessing officer himself stated that the provision made by the assesse for the year under consideration ... case does not fall in the category of failure on the part of the assesse to disclose fully and truly all material facts necessary for assessment. In support of his contention he has relied upon the judgment of Hon’ble Delhi High Court in case of Pr. CIT vs. Topperware

Showtime Events India Pvt. Ltd., New Delhi vs. DCIT, Circle- 23(1), New Delhi

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

ITA 4239/DEL/2017[2008-09]Status: DisposedITAT Delhi22 Aug 2023AY 2008-09

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

For Appellant: Shri Raghvendra Singh, AdvFor Respondent: Shri Anuj Garg, Sr. DR
Section 143(3)Section 147Section 148Section 154

been provided that there has to be a failure on the part of the assessee to disclose truly and fully all material facts necessary for assessment and reasons recorded by the Assessing Officer should specifically record such failure based on a tangible material and non recording of the same would ... 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

Citicorp Trustee Company Ltd As Trustee for Fccb Issued by Jindal Saw Ltd, Mumbai vs. Deputy Commissioner of Income Tax (Int Taxation)-2(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 784/MUM/2023[2014-2015]Status: DisposedITAT Mumbai21 Aug 2023AY 2014-2015

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 784/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Citicorp Trustee Company बिधम/ Dcit (International Ltd. As Trustee For Fccb Taxation)-2(1)(1) Vs. Issued By Jindal Saw Ltd. 17Th Floor, 1713, Air India Citigroup Centre, Canada Building, Nariman Point, Square, Canary Wharf Mumbai-400021. London E14 5Lb United Kingdom. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecc0452D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anish Thackar/Nikhil Tiwari/Lekh Mehta Revenue By: Shri Amit Kumar Soni (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 19/07/2023 घोषणा की तारीख /Date Of Pronouncement: 21/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Ao) Dated 19.01.2023 Passed U/S 143(3) R.W.S. 144C(13) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice The Ground No. 2 Wherein The Assessee Has Raised The Legal Issue Against The Action Of The Ao To Have Reopened The Assessment U/S 147 Of The Act Without Satisfying The Essential Condition Prescribed Under The Act; & Therefore Contends That The Action Of The Ao Is Ab-Initio-Void. 3. In Order To Examine The Legal Issue Raised By The Assessee, It Is Necessary To Look Into The Reasons Recorded By Ao To Reopen The Assessment Which Is Reproduced As Under: -

For Appellant: Shri Anish Thackar/NikhilFor Respondent: Shri Amit Kumar Soni (Sr. DR)
Section 143(3)Section 147Section 201(1)Section 5(2)(b)Section 6

Rs.42,84,48,114/- has escaped assessment by reason of failure on the part of assessee to disclose fully and truly all material facts necessary for assessment of income and tax thereon in respect of the said transaction for AY. 2014-15. Accordingly, the case is fit for reopening

M/S. Jet Speed Realtors, Mumbai vs. ACIT Circle 32 (1), Mumbai

ITA 63/MUM/2022[2013-14]Status: DisposedITAT Mumbai18 Aug 2023AY 2013-14

Bench: Shri Aby T Varkey () & Ms. Padmavathy S. ()

Section 131Section 133ASection 143(3)Section 147Section 148Section 68Section 69C

unless the income has escaped assessment by reason of the failure of the assesses to disclose fully and truly all material facts necessary for assessment. In other words where the assessment is sought to be reopened after the expiry of a period of four years from ... case in the absence of any allegation of any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment in the notice for reassessment issued after the expiry of four years from the end of the relevant assessment year under section

Jet Speed Realtors, Mumbai vs. ACIT Cir 32(1), Mumbai

ITA 24/MUM/2022[2012-13]Status: DisposedITAT Mumbai18 Aug 2023AY 2012-13

Bench: Shri Aby T Varkey () & Ms. Padmavathy S. ()

Section 131Section 133ASection 143(3)Section 147Section 148Section 68Section 69C

unless the income has escaped assessment by reason of the failure of the assesses to disclose fully and truly all material facts necessary for assessment. In other words where the assessment is sought to be reopened after the expiry of a period of four years from ... case in the absence of any allegation of any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment in the notice for reassessment issued after the expiry of four years from the end of the relevant assessment year under section

Jet Speed Realtors, Mumbai vs. ACIT Cir 32 (1), Mumbai

ITA 23/MUM/2022[2011-12]Status: DisposedITAT Mumbai18 Aug 2023AY 2011-12

Bench: Shri Aby T Varkey () & Ms. Padmavathy S. ()

Section 131Section 133ASection 143(3)Section 147Section 148Section 68Section 69C

unless the income has escaped assessment by reason of the failure of the assesses to disclose fully and truly all material facts necessary for assessment. In other words where the assessment is sought to be reopened after the expiry of a period of four years from ... case in the absence of any allegation of any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment in the notice for reassessment issued after the expiry of four years from the end of the relevant assessment year under section

Mp Ferrous and Non Ferrous India Pvt Ltd, Ahmedabad vs. DCIT, Cir-7(2)(2), Mumbai

In the result, the appeal by the assessee is allowed

ITA 1249/MUM/2023[2010-11]Status: DisposedITAT Mumbai17 Aug 2023AY 2010-11

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Yeshwant Gupta a/wFor Respondent: Shri Prashant Barate
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 69

without bringing out any tangible material as to failure on the part of the Assessee to disclose truly and fully all material facts necessary for assessment and therefore the Reasons Recorded u/s.147 are bad in law and consequently the assessment proceedings deserve to be annulled. 2. On the facts & circumstances ... without bringing out any tangible material as to failure on the part of the Assessee to disclose truly and fully all material facts necessary for assessment and therefore the Reasons Recorded u/s.147 are bad in law and consequently the assessment proceedings deserve to be annulled. 2. On the facts & circumstances

Mp Ferrous and Non Ferrous India Pvt Ltd., Mumbai vs. DCIT, Cir-7(2)(2), Mumbai

In the result, the appeal by the assessee is allowed

ITA 1248/MUM/2023[2009-10]Status: DisposedITAT Mumbai17 Aug 2023AY 2009-10

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Yeshwant Gupta a/wFor Respondent: Shri Prashant Barate
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 69

without bringing out any tangible material as to failure on the part of the Assessee to disclose truly and fully all material facts necessary for assessment and therefore the Reasons Recorded u/s.147 are bad in law and consequently the assessment proceedings deserve to be annulled. 2. On the facts & circumstances ... without bringing out any tangible material as to failure on the part of the Assessee to disclose truly and fully all material facts necessary for assessment and therefore the Reasons Recorded u/s.147 are bad in law and consequently the assessment proceedings deserve to be annulled. 2. On the facts & circumstances

Rakesh Kumar Aggarwal, Delhi vs. ITO, Ward-40(3), New Delhi

In the result, the appeal of the assessee is thus allowed

ITA 699/DEL/2020[2009-10]Status: DisposedITAT Delhi17 Aug 2023AY 2009-10

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri Amit Goyal, CAFor Respondent: Shri Atiq Ahmed, Sr.DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 234B

escaped assessment on the reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment as per provision of the section 147 of the I.T. Act, 1961. Therefore, it is a fit case for issuance of notice

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4973/DEL/2018[2009-10]Status: DisposedITAT Delhi08 Aug 2023AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

been provided that there has to be a failure on the part of the assessee to disclose truly and fully all material facts necessary for assessment and reasons recorded by the Assessing Officer should specifically record such failure based on a tangible material and non recording of the same would ... 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

ACIT, Circle-18(2), Noida vs. Noida Toll Bridge Co. Ltd., Noida

In the result, appeal of the assessee is allowed

ITA 4972/DEL/2018[2011-12]Status: DisposedITAT Delhi08 Aug 2023AY 2011-12

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri G.C. Srivastava, Adv
Section 143(3)Section 147Section 148

been provided that there has to be a failure on the part of the assessee to disclose truly and fully all material facts necessary for assessment and reasons recorded by the Assessing Officer should specifically record such failure based on a tangible material and non recording of the same would ... 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