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“Section 147(1)”

Section References (mined)Section 147Section 147(1)98 judgments

The decision most relied on for Section 147(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 147(1)

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

Judgments citing Section 147(1)

M/S Wf Asian Smaller Companies Fund Limited, Mumbai vs. The Assistant Commissioner of Income Tax International Taxation Circle 4(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 459/MUM/2023[2013-2014]Status: DisposedITAT Mumbai23 Jun 2023AY 2013-2014

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.459/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14) M/S. Wf Asian Smaller बिधम/ Acit, Circle-4(3)(2) Companies Fund Ltd Room No. 1611, 16Th Vs. C/O Ankul Goyal, Azb & Floor, Air India Building, Partners A8, Sector-4, Nariman Point, Mumbai- Noida 201301. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacw5648R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Deepak Chopra/Ankul Goyal Revenue By: Shri Soumedu Kumar Dash (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/03/2023 घोषणा की तारीख /Date Of Pronouncement: 23/06/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Passed By The Ao Dated 19.01.2023 U/S 147 R.W.S 144C(13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Pursuant To The Direction Issued By The Ld. Dispute Resolution Panel (Drp) For Ay. 2013-14. 2. The Assessee Has Raised The Legal Issue Challenging The Action Of The Ao To Have Reopened The Original-Scrutiny-Assessment U/S 143(3) Of The Act, After Four (4) Years [From The End Of The Relevant Assessment Year] Without Satisfying The Additional Condition Precedent As Prescribed In The Proviso To Section 147(1) Of The Act. Since The Assessee Has Raised The Legal Issue Assailing The Jurisdiction Of Ao To Have Issued Notice U/S 148 Of The Act, Proposing Re-Opening Of The Original Assessment [Framed Under Scrutiny Under Section 143(3) Of The Act], We Will Adjudicate It First. For Appreciating The Legal Issue, Let Us

For Appellant: Shri Deepak Chopra/Ankul GoyalFor Respondent: Shri Soumedu Kumar Dash (Sr
Section 133CSection 139Section 142Section 143Section 143(3)Section 147Section 147(1)Section 148Section 92E

four (4) years [from the end of the relevant assessment year] without satisfying the additional condition precedent as prescribed in the proviso to Section 147(1) of the Act. Since the assessee has raised the legal issue assailing the jurisdiction of AO to have issued notice

DCIT, CC-06, New Delhi vs. Jaguar Buildcon Pvt. Ltd., New Delhi

In the result, this appeal filed by the Revenue stands dismissed

ITA 79/DEL/2022[2011-12]Status: DisposedITAT Delhi13 Apr 2023AY 2011-12

Bench: The Ld. Cit (A) & Put

For Appellant: Shri Rakesh Joshi, CAFor Respondent: Mohd. Gayasuddin Ansari, CIT DR
Section 147Section 148Section 68

interpretation that has arisen for decision in these appeals, both as a matter of first principle, based on the language used in section 147(1) and on the basis of the precedent on the subject. We agree with the submission which has been urged on behalf of the assessee that ... section 147(1) as it stands postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment year, the Assessing Officer may assess or reassess such income "and also" any other income chargeable to tax which comes to his notice

Deepak Jain, C-Scheme vs. ITO Ward 2(1), Bhagwan Das Road

In the result, appeal of the assessee is allowed

ITA 196/JPR/2021[2013-14]Status: DisposedITAT Jaipur23 Mar 2023AY 2013-14

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

For Appellant: Shri Rohan Sogani (C.A.)For Respondent: Smt Monisha Chaudhary (Addl. CIT) a
Section 132Section 142(1)Section 143(2)Section 143(3)Section 148Section 44ASection 68

such entries should have been corroborated with facts and such aspects should have been discernible from the reasons recorded. 1.7. First part of Section 147(1) requires Assessing Officer to have "reasons to believe" that any income chargeable to tax has escaped assessment. It is thus, formation of reason

Sri A.M. Abdul Basheer Rahman, Rajapalayam vs. ITO, Ward-2, Virudhunagar

The appeal stand allowed in terms of our above order

ITA 3008/CHNY/2019[1987-88]Status: DisposedITAT Chennai23 Nov 2022AY 1987-88

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri N.V. Balaji &For Respondent: Shri P.Sajit Kumar, (JCIT)- Ld. DR
Section 144Section 148Section 149Section 150Section 150(1)Section 153(3)(ii)

question formulated by the Tribunal raised the point whether the AAC could convert the provisions of section 147(1) into those of section 153(3)(ii) of the Act. In view of section 153(3)(ii) dealing with limitation merely, it is not easy to appreciate the relevance or validity

Deputy Commissioner of Income Tax 13(2)(2), Mumbai vs. Sun Metallics & Alloys Private Limited, Mumbai

In the result, ITA No. 2628/Mum/2018 for A

ITA 2629/MUM/2018[2013-14]Status: DisposedITAT Mumbai21 Nov 2022AY 2013-14

Bench: Shri Kuldip Singh & Shri Gagan Goyal

For Appellant: Sh. K.Shivaram, Sr. Adv. &For Respondent: Sh. Satyapal Kumar, Sr. DR
Section 68

section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee. [Para 16] Section 147(1), as it stands, postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment ... decision. While it is open to the Parliament, having regard to the plenitude of its legislative powers to do so, the provisions of section 147(1), as they stood after the amendment of 1-4-1989, continue to hold the field. [Para 17] The question of law would, accordingly, stand

Deputy Commissioner of Income Tax 13(2)(2), Mumbai vs. Sun Metallics & Alloys Private Limited, Mumbai

In the result, ITA No. 2628/Mum/2018 for A

ITA 2628/MUM/2018[2012-13]Status: DisposedITAT Mumbai21 Nov 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Gagan Goyal

For Appellant: Sh. K.Shivaram, Sr. Adv. &For Respondent: Sh. Satyapal Kumar, Sr. DR
Section 68

section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee. [Para 16] Section 147(1), as it stands, postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment ... decision. While it is open to the Parliament, having regard to the plenitude of its legislative powers to do so, the provisions of section 147(1), as they stood after the amendment of 1-4-1989, continue to hold the field. [Para 17] The question of law would, accordingly, stand

Rajdeep Marketing Pvt. Ltd., Mumbai vs. ITO, WD. 3(3)(1), Mumbai

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

ITA 2053/MUM/2022[2012-13]Status: DisposedITAT Mumbai07 Nov 2022AY 2012-13
Section 147Section 148Section 194A

issue of interpretation that has arisen for decision in these appeals, both as a.matter of first principle, based on the language used in section 147(1) and on the basis of the precedent on the subject. We agree with the submission which has been urged on behalf of the assessee ... that section 147(1) as it stands postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment year, the Assessing Officer may assess or reassess such income "and also" any other income chargeable to tax which comes

Solvex Interchem Pvt. Ltd., Mumbai vs. ACIT- 2 (3)(2), Mumbai

ITA 6973/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Kuldip Singhassessment Year: 2010-11

For Appellant: Shri Himanshu Gandhi, A.RFor Respondent: Shri Azhar Zain Vayal Parambath, D.R
Section 143(3)Section 147Section 147BSection 147CSection 148Section 151(2)Section 68

section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee. [Para 16] Section 147(1), as it stands, postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment ... decision. While it is open to the Parliament, having regard to the plenitude of its legislative powers to do so, the provisions of section 147(1), as they stood after the amendment of 1- 4-1989, continue to hold the field. [Para 17] The question of law would, accordingly, stand

Aniruddha N. Malpani, Mumbai vs. DCIT- CC - 3 (2), Mumbai

ITA 3924/MUM/2019[2010-11]Status: DisposedITAT Mumbai30 Sept 2022AY 2010-11
For Appellant: Shri Hiro RaiFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153C

interpretation that has arisen for decision in these appeals, both as a matter of first principle, based on the language used in section 147(1) and on the basis of the precedent on the subject. We agree with the submission which has been urged on behalf of the assessee that ... section 147(1) as it stands postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment year, the Assessing Officer may assess or reassess such income "and also" any other income chargeable to tax which comes to his notice

Anjali A. Malpani, Mumbai vs. DCIT - CC- 3(2), Mumbai

ITA 3917/MUM/2019[2010-11]Status: DisposedITAT Mumbai30 Sept 2022AY 2010-11
For Appellant: Shri Hiro RaiFor Respondent: Shri Rakesh Garg
Section 132Section 143(3)Section 153C

interpretation that has arisen for decision in these appeals, both as a matter of first principle, based on the language used in section 147(1) and on the basis of the precedent on the subject. We agree with the submission which has been urged on behalf of the assessee that ... section 147(1) as it stands postulates that upon the formation of a reason to believe that income chargeable to tax has escaped assessment for any assessment year, the Assessing Officer may assess or reassess such income "and also" any other income chargeable to tax which comes to his notice

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7214/MUM/2017[2008-09]Status: DisposedITAT Mumbai12 May 2022AY 2008-09

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7213/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 May 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 7212/MUM/2017[2010-11]Status: DisposedITAT Mumbai12 May 2022AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI

Krishna Devi, New Delhi vs. ITO, Ward- 38(3), New Delhi

ITA 6356/DEL/2019[2014-15]Status: DisposedITAT Delhi04 Jan 2022AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 6356/Del/2019 : Asstt. Year : 2014-15 Krishna Devi, Vs Income Tax Officer, F-26/124, Sector-7, Rohini, Ward-38(3), New Delhi-110085 New Delhi-110002 (Appellant) (Respondent) Pan No. Abrpd0875E Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 08.10.2021 Date Of Pronouncement: 04.01.2022

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. Umesh Takyar, Sr. DR
Section 115BSection 143(2)Section 147Section 148Section 68

even during the assessment proceedings that follow. This is the 39 Krishan Devi bare minimum mandatory requirement of the first part of Section 147(1) of the Act." I find the coordinate Bench of the Tribunal in the case of M/s SBS Realtors (P) Ltd. vs. ITO vide

M/S. Marble Art, New Delhi vs. ACIT, New Delhi

Appeals of the assessee are allowed

ITA 2480/DEL/2013[2003-04]Status: DisposedITAT Delhi08 Mar 2021AY 2003-04

Bench: Shri G.S. Pannu, Hon’Ble & Shri Amit Shukla

For Appellant: Shri C.S. Aggarwal, Sr. AdvFor Respondent: Ms. Ramita M. Biswas, CIT DR
Section 143(3)Section 148

Commissioner (and not the Chief Commissioner or the Principal Commissioner). The Revenue's submissions that all such cases, are covered under proviso to Section 147(1), the competent authority for prior approval would be four superior officers, renders Section 151(2) superfluous. If anything the Court is clear that

M/S. Marble Art, New Delhi vs. ACIT, New Delhi

Appeals of the assessee are allowed

ITA 2479/DEL/2013[2002-03]Status: DisposedITAT Delhi08 Mar 2021AY 2002-03

Bench: Shri G.S. Pannu, Hon’Ble & Shri Amit Shukla

For Appellant: Shri C.S. Aggarwal, Sr. AdvFor Respondent: Ms. Ramita M. Biswas, CIT DR
Section 143(3)Section 148

Commissioner (and not the Chief Commissioner or the Principal Commissioner). The Revenue's submissions that all such cases, are covered under proviso to Section 147(1), the competent authority for prior approval would be four superior officers, renders Section 151(2) superfluous. If anything the Court is clear that

M/S. Marble Art, New Delhi vs. ACIT, New Delhi

Appeals of the assessee are allowed

ITA 2478/DEL/2013[2004-05]Status: DisposedITAT Delhi08 Mar 2021AY 2004-05

Bench: Shri G.S. Pannu, Hon’Ble & Shri Amit Shukla

For Appellant: Shri C.S. Aggarwal, Sr. AdvFor Respondent: Ms. Ramita M. Biswas, CIT DR
Section 143(3)Section 148

Commissioner (and not the Chief Commissioner or the Principal Commissioner). The Revenue's submissions that all such cases, are covered under proviso to Section 147(1), the competent authority for prior approval would be four superior officers, renders Section 151(2) superfluous. If anything the Court is clear that

Commissioner of Income Tax vs. M/S Uberoi Sons Machines Ltd

ITA - 166 / 2006HC Delhi31 Aug 2012
Section 147Section 147(1)

facts and circumstances of the case, correct in law in quashing the re-assessment order passed by the Assessing Officer under Section 147(1) of the Income Tax Act, 1961? (ii) Whether the ITAT was correct in law in holding that the excess amount payable to the assessee towards mesne