“Section 10(228)”
The decision most relied on for Section 10(228) is Dishman Pharmaceuticals and Chemicals Ltd. v. DCIT (OSD), Ahmedabad (346 ITR 228), cited in 74 judgments on BharatTax.
Leading authorities on Section 10(228)
For a valid reassessment under Section 147, the Assessing Officer must record substantive reasons to believe income has escaped assessment, as a mere boilerplate statement of non-disclosure or non-filing is insufficient. Furthermore, a taxpayer's disclosure is not considered full and true if it requires further inquiry by the AO to ascertain material details, especially under Explanation 1 to Section 147.
Funds received by an entity acting as a nodal agency or agent of the government for implementing specific government schemes, or income generated from such funds (like lease premiums or interest), are not taxable in the hands of the agency if held on behalf of or remitted to the government.
An assessment order is considered erroneous if it is based on an incorrect assumption of facts, an incorrect application of law, a lack of application of mind, or insufficient material. If an order is found to be erroneous, no specific finding is required to show it is prejudicial to the revenue's interest for invoking revisionary powers under section 263.