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“live link”

Judicial DoctrinesReopening / 147Reopening / 1471,109 judgments

The decision most relied on for live link is ITO v. Lakhmani Mewal Das (103 ITR 437), cited in 721 judgments on BharatTax.

Leading authorities on live link

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.
384 ITR 147 · 2016 · High Court
274
citing judgments

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

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.

ITO v. Selected Dalurband Coal Co. (P.) Ltd.
217 ITR 597 · 1996 · Supreme Court
180
citing judgments

The Assessing Officer's belief that income has escaped assessment, leading to the reopening of an assessment, is a matter of subjective satisfaction. The materials available at the time of forming this belief do not need to conclusively prove the escapement of income.

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.

Kalyanji Mavji & Co. v. CIT
102 ITR 287 · 1976 · Supreme Court
137
citing judgments

The Supreme Court broadly defined 'information' for reassessment under Section 147 to include new facts, external sources, material already on record, or a correct understanding of law from judicial decisions. This definition enables reopening assessments based on subsequent information or mistakes.

Judgments citing live link

Balram Chainrai, Mumbai vs. Int Tax, Ward 2(1)(1), Mumbai

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

ITA 2267/MUM/2024[2016-17]Status: DisposedITAT Mumbai27 Aug 2024AY 2016-17

Bench: Ms Padmavathy S, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Shri Ravikant Pathak, ARFor Respondent: Shri Anil Sant, Addl. CIT-DR
Section 144BSection 147Section 148Section 153Section 271(1)(c)

income must have a rational connection with or relevant bearing on the information. Rational connection postulates that there must be a direct nexus or live link between the material coming to the notice of the ITO and his view that there has been escapement of income of the assessee from ... doubt, contemplates the reopening of the assessment if grounds exist for believing that income of the assessee has escaped assessment. The live link or close nexus should be there between the information before the ITO and the belief which he has to prima facie form an opinion regarding the escapement

ACIT, Circle-24(1), Mumbai vs. Jasvinder Kalyan Saluja, Mumbai

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

ITA 1987/MUM/2024[2013-14]Status: DisposedITAT Mumbai27 Aug 2024AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh () Assessment Year: 2013-14 Acit, Circle-24(1), Jasvinder Kalyan Saluja, 601, 6Th Floor, K-1, Balkrishna Chs, Jp Piramal Chambers, Lalbaug, Vs. Road, Andheri West, Parel, Mumbai-400053. Mumbai-400012. Pan No. Amgps 5143 Q Appellant Respondent

For Appellant: Mr. Ajay SinghFor Respondent: 08/07/2024
Section 69A

have a there is escapement of income from assessment. Reasons must have a there is escapement of income from assessment. Reasons must have a live link with the formation of the belief. Our view gets support from the live link with the formation of the belief. Our view gets support ... from the live link with the formation of the belief. Our view gets support from the changes made to Section 147 Section 147 of the Act, as quoted hereinabove. Under d hereinabove. Under the Direct Tax Laws (Amendment) Act, 1987, Parliament not only deleted the Direct Tax Laws (Amendment

Kissan Fats Ltd., Bathinda vs. DCIT, CC-1, Ludhiana

In the result, the appeal of the assessee is allowed

ITA 408/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh26 Aug 2024AY 2013-14

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 151(1)Section 250(6)Section 253

provided there is tangible material to come to the conclusions that thee is escapement of income of the assessee. The reasons must have a live link with the formation of belief. At the stage when the AO reopens an assessment, it is not necessary that the material should conclusively prove

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 759/KOL/2022[2013-2014]Status: DisposedITAT Kolkata26 Aug 2024AY 2013-2014

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

rational connection with or relevant bearing of the formation of the belief . Rational connection postulates that there must be a direct nexus or live link between the material coming to the notice of the ITO and the formation of his belief that there has been escapement of income

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 758/KOL/2022[2012-2013]Status: DisposedITAT Kolkata26 Aug 2024AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

rational connection with or relevant bearing of the formation of the belief . Rational connection postulates that there must be a direct nexus or live link between the material coming to the notice of the ITO and the formation of his belief that there has been escapement of income

Purple Suppliers Pvt. Ltd., Surat, Gujrat vs. A.C.I.T., Circle - 5(1), Kolkata

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

ITA 757/KOL/2022[2011-2012]Status: DisposedITAT Kolkata26 Aug 2024AY 2011-2012

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 147Section 148Section 250Section 69C

rational connection with or relevant bearing of the formation of the belief . Rational connection postulates that there must be a direct nexus or live link between the material coming to the notice of the ITO and the formation of his belief that there has been escapement of income

Mansukh Arjanbhai Sureja, Mumbai vs. DCIT, Circle 42(1)(1), Mumbai

ITA 4348/MUM/2023[2011-12]Status: DisposedITAT Mumbai23 Aug 2024AY 2011-12

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bleι.Τ.Α. No. 4348 & 4347/Mum/2023

For Appellant: Shri Hariom Tulsiyan, A/RFor Respondent: Smt. Sanyogita Nagpal & Smt. Mahita Nair, Sr. D/R
Section 69C

shares were actually quoted between Rs. 201 to Rs. 207 per share on the said date. D. The assessing officer failed to establish a live link between the materials relied upon for reopening the assessment and escapement of income in the hands of the assessee which is evident from

Mansukh Arjanbhai Sureja, Mumbai vs. DCIT, Circle 42(1)(1), Mumbai

In the result, appeals of the assessee are allowed

ITA 4347/MUM/2023[2012-13]Status: DisposedITAT Mumbai23 Aug 2024AY 2012-13

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Shri Hariom Tulsiyan, A/RFor Respondent: Smt. Sanyogita Nagpal & Smt. Mahita Nair, Sr. D/R
Section 69C

shares were actually quoted between Rs. 201 to Rs. 207 per share on the said date. D. The assessing officer failed to establish a live link between the materials relied upon for reopening the assessment and escapement of income in the hands of the assessee which is evident from

Anchita Properties Pvt. Ltd., Kolkata vs. ITO, Ward-12(1), Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 637/KOL/2024[2013-14]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

instant case is not the AO’s own satisfaction but a borrowed satisfaction and without application of mind. (viii) There is no live link between the reasons recorded u/s 148 of the Act and belief of escapement of income as the facts recorded in the reasons are incorrect ... relied upon material/ document and prima facie conclusion. (iv) 4th paragraph: It will contain enquiries made by the AO which must have a 'live link' with the information received/collected/found by the AO. The enquiries may include analysis of return of income, audited P&L A/c and balance sheet, assessment folder

Anchita Properties Pvt. Ltd., Kolkata vs. P.C.I.T., Kolkata - 2, Kolkata

In the result, both the appeals of the assessee are allowed

ITA 1067/KOL/2024[2013-2014]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-2014

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

instant case is not the AO’s own satisfaction but a borrowed satisfaction and without application of mind. (viii) There is no live link between the reasons recorded u/s 148 of the Act and belief of escapement of income as the facts recorded in the reasons are incorrect ... relied upon material/ document and prima facie conclusion. (iv) 4th paragraph: It will contain enquiries made by the AO which must have a 'live link' with the information received/collected/found by the AO. The enquiries may include analysis of return of income, audited P&L A/c and balance sheet, assessment folder

Ravinder Baweja, Delhi vs. ACIT, Central Circle-27, New Delhi

In the result, these appeals are allowed as indicated above for

ITA 1731/DEL/2022[2017-18]Status: DisposedITAT Delhi21 Aug 2024AY 2017-18

Bench: Shri S Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri Rikky Dua, AdvFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 143Section 143(2)Section 143(3)Section 144Section 148Section 151Section 250(6)

conclusion that there was an escapement of income chargeable to tax, from assessment and the reasons with the Assessing Officer must have a live link with the formation of belief. Testing the case in hand in the backdrop of the aforesaid position, it is to be seen whether the case

Ravinder Baweja, New Delhi vs. ACIT Central Circle-27 Jhandewalan Extn, Nes Delhi, Delhi

In the result, these appeals are allowed as indicated above for

ITA 1730/DEL/2022[2012-13]Status: DisposedITAT Delhi21 Aug 2024AY 2012-13

Bench: Shri S Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri Rikky Dua, AdvFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 143Section 143(2)Section 143(3)Section 144Section 148Section 151Section 250(6)

conclusion that there was an escapement of income chargeable to tax, from assessment and the reasons with the Assessing Officer must have a live link with the formation of belief. Testing the case in hand in the backdrop of the aforesaid position, it is to be seen whether the case

Ravinder Baweja, New Delhi vs. ITO Ward 36(2), New Delhi

In the result, these appeals are allowed as indicated above for

ITA 2254/DEL/2019[2015-16]Status: DisposedITAT Delhi21 Aug 2024AY 2015-16

Bench: Shri S Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri Rikky Dua, AdvFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 143Section 143(2)Section 143(3)Section 144Section 148Section 151Section 250(6)

conclusion that there was an escapement of income chargeable to tax, from assessment and the reasons with the Assessing Officer must have a live link with the formation of belief. Testing the case in hand in the backdrop of the aforesaid position, it is to be seen whether the case

Uma Shanker Sharma, Vrindavan, Mathura vs. ITO, Ward 2, ITO WD Two, Bharatpur

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

ITA 914/JPR/2024[2012-13]Status: DisposedITAT Jaipur20 Aug 2024AY 2012-13

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

For Appellant: Shri Dheeraj Board (C.A.)For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 142(1)Section 147Section 148Section 69Section 69A

reopening assessment if the information is wholly vague, indefinite, far-fetched and remote. The courts have also held that there must be a live link or close nexus between the material coming to the knowledge of the A.O. and the formation of his belief. 4. That

Dhanuka Realty Limited, Jaipur vs. ITO Ward 4(4), Jaipur

In the result, the appeal of the assessee is allowed with no orders as to costs

ITA 202/JPR/2024[2009-10]Status: DisposedITAT Jaipur20 Aug 2024AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Dheeraj Borad, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 143(3)Section 148Section 56(1)Section 56(2)

reopening assessment if the information is wholly vague, indefinite, far-fetched and remote. The courts have also held that there must be a live link or close nexus between the material coming to the knowledge of the A.O. and the formation of his belief. 4. That

Pareshkumar Punamchand Shah, Ahmedabad vs. The Income Tax Officer, Ward-2(2)(4), Ahmedabad

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

ITA 1096/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad16 Aug 2024AY 2011-12

Bench: Shri Ramit Kochar (Accountant Member)

For Appellant: CA Preyashi TatedFor Respondent: Shri Hrishikesh Hemant Patki, Sr. D.R
Section 144Section 250Section 253(3)

belief that the income of the assessee has escaped assessment. The said reasons to believe that income have escaped assessment should have a live link or nexus with the information/material before the AO which led to the formation of belief that income has escaped assessment . In the instant case

Krishna Murthy Ella, Hyderabad vs. DCIT-Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 585/HYD/2023[2014-15]Status: DisposedITAT Hyderabad14 Aug 2024AY 2014-15

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.585/Hyd/2023 & Sa No.10/Hyd/2024 (Arising Out Of Ita No.585/Hyd/2023) (िनधा"रण वष"/Assessment Year: 2014-15) Shri Krishna Murthy Ella Vs. Dy. C. I. T. Hyderabad Circle 1(2) Pan:Aacpe6389G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 18/07/2024 घोषणा की तारीख/Pronouncement: 14/08/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Smt. Sheetal Sarin, DR
Section 147Section 148Section 56(2)(vii)

other Page 12 of 18 ITA No 585 of 2023 and SA No 10 of 2024 Krishna Murthy Ella words, there should be a live link between formation of belief and escapement of income and such formation of belief should be based on fresh tangible material. In the present case ... Supreme Court in the case of Income Tax Officer vs. Lakhmani Mewal Das reported in (1976) 103 ITR 437 (S.C) held that live link or close nexus which should be there between the material before the Income Tax Officer and the belief which he was to form regarding escapement

Rajen Harshadrai Sanghavi, Mumbai vs. ITO 26 (3) - 1, Mumbai

In the result appeal of the assessee is allowed and reassessment order is quashed

ITA 466/MUM/2024[2013-14]Status: DisposedITAT Mumbai12 Aug 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 466/Mum/2024 (A.Y. 2013-14) Rajen Harshadrai Sanghavi Vs. Ito 26(3)(1) 3, Garden View Apartment Kautilya Bhavan Dr. Ambedkar Road Mulund Bandra Kurla Complex, West, Mumbai-400 080 Bandra East, Mumbai Pan : Aaips5226J 400 051. (Appellant) (Respondent) Assessee By Shri Mehul Shah Department By Shri R.R. Makwana Date Of Hearing 12.06.2024 Date Of Pronouncement 12.08.2024 O R D E R 1. This Appeal Is Filed By The Assessee/Appellant Against The Appellate Order Passed By Commissioner Of Income Tax, Appeal Being Additional Cit/Joint Commissioner Of Income Tax (A) – 2, Siliguri (The Learned Cit – A) For Assessment Year 2013 – 14 Dated 7/12/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Dated 21/12/2019 Passed By The Income Tax Officer , Ward 26 (3) (1), Mumbai (The Learned Ao) Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Wherein Claim Of Exemption Under Section 10 (38) Of The Act Of Rs. 1,657,645/– Was Denied, Was Dismissed. 2. Assessee Is Aggrieved & Is In Appeal Before Us Against The Assessment Order Denying The Exemption Under Section 10 (38) Of The Act. 3. The Brief Fact Of The Case Shows That Assessee Is An Individual Filed Return Of Income Declaring Income Of Rs. 269,000/– Assessee Has Claimed Exemption Of Long-Term Capital Gain Of Rs. 16,57,545/–. Roi

Section 10Section 143Section 147Section 148Section 68

income in the assessment order, actual return filed by the assessee and facts recorded in the assessment order itself. Thus naturally there is no live link established by the ld AO for reopening of the assessment. x. Even the assessing officer at the time of reopening of the assessment when

DCIT CC - 6(1), Mumbai vs. Shri Jayant Hiralal Shah, Pune

In the result, appeal of the Revenue is dismissed

ITA 3001/MUM/2024[2021-22]Status: DisposedITAT Mumbai07 Aug 2024AY 2021-22

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 132Section 132(4)Section 143(2)Section 143(3)Section 271ASection 292Section 69C

statement of third party and material found during the course of search of the third party. Nowhere there is material or evidence having any live link nexus with the assessee. In such a situation no adverse presumption can be drawn against assessee nor can any addition be made. The aforesaid

Late Smt. Mariam Bai (Through Legal Heir Shri Abdul Razak Chara), Indore (M.P.) vs. The Income-Tax Officer - 4(3), Indore, Indore (M.P.)

In the result appeal of the assessee is partly allowed

ITA 249/IND/2024[2015-16]Status: HeardITAT Indore06 Aug 2024AY 2015-16

Bench: Shri Manish Boradsmt. Mariam Bai (Through Income Tax Officer 4(3), Legal Heir Shri Abdul Razak Indore Chara), Vs. 12, Daulaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Advpc5505A Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 05.08.2024 Date Of Pronouncement 06.08.2024 O R D E R

Section 147Section 148Section 69A

bank account of the appellant even when no income chargeable to tax had escaped from assessment and in absence of any tangible material and live link of concealment of income merely on the basis of borrowed opinion without independent application of mind. 4. That on the facts