live link — 1,109 case laws

Shree Mallikarjun Trad Invest Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-4(1)(3), Ahmedabad

In the result, appeal of the assessee is allowed

ITA 258/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad28 Jun 2024AY 2014-15

Bench: Ms. Suchitra Kambleassessment Year: 2014-15

Section 143(1)Section 271(1)(c)Section 68

Private Limited being a penny stock without bringing any cogent material on record with respect to assessee’s case to demonstrate any nexus or live link between assessee and the so-called entry operators. The Ld. AR submitted that it is well settled principle that in the absence

Oasis Jewels Private Limited, Ahmedabad vs. Income Tax Officer, Ward-3(1)(4), Ahmedabad

In the result, appeal of the assessee is partly allowed

ITA 302/AHD/2022[2012-13]Status: DisposedITAT Ahmedabad28 Jun 2024AY 2012-13

Bench: Ms. Suchitra Kambleassessment Year: 2012-13

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

necessary details were placed on record. Thus, the reopening on the same line does not establish the “no live link” between “information received by the Assessing Officer” and “formation of belief as to escapement of income chargeable to tax in the hands of the assessee”. 6. The Ld. DR submitted

Swami Rameshwar Anandagiri Purna, New Delhi vs. DCIT, Circle-2(1) Int Taxation, Gurugram

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

ITA 395/DEL/2023[2016-17]Status: DisposedITAT Delhi27 Jun 2024AY 2016-17

Bench: Dr. B. R. R. Kumar, Sh. Anubhav Sharma

For Appellant: Dr. Rakesh Gupta, Adv. &For Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 147Section 148Section 151Section 5(2)Section 69

0IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member, Sh

The ITO, Ward-1(2)(3), Ahmedabad vs. Shri Mahesh Somabhai Patel, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1854/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad19 Jun 2024AY 2014-15

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 10Section 10(38)Section 143(3)

each case, by the party alleging so, that this assessee in question was part of this arrangement. The chain of events and the live link of 11 I.T.A No. 1854/Ahd/2019 A.Y. 2014‐15 Page No ITO Vs. Shri Mahesh Somabhai Patel the assessee’s action that he was involved

Easyaccess Financial Services Ltd, Chennai vs. ITO, Copr Ward 2(1), Chennai

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

ITA 587/CHNY/2024[2012-13]Status: DisposedITAT Chennai14 Jun 2024AY 2012-13

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 587/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Easyaccess Financial Services Ltd., The Income Tax Officer, New No.18, Old No.40, Vs. Corporate Ward 2(1), Mussuri Subramaniam Salai, Chennai. (Oliver Road), Mylapore, Chennai – 600 004. Pan: Aabce 4646G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. M. Lavanya, Fca & Shri Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Shri N. Sanjay Gandhi, Jcit सुनवाई क" तारीख/Date Of Hearing : 13.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) In Order No.Itba/Nfac/S/250/2023- 24/1060282095(1) Dated 30.01.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Corporate Circle 2(1), Chennai For The Assessment Year 2012-13 U/S.143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 27.09.2017. 2. The First Issue In This Appeal Of Assessee Is As Regards To Assumption Of Jurisdiction By The Ao For Reopening Of Assessment U/S.147 R.W.S. 148 Of The Act, As The Ao During The Original Assessment Proceedings Has Formed An Opinion After Seeking Explanation & After Examining The Present Issue Of Factoring Of Income U/S.143(3) Of The Act. Hence, Now Reopening Is Bad In Law. The Assessee Also Raised The Interconnected Issue, Which Is On Merits That The Cit(A) Erred In Confirming The Addition Made By The Ao Beig Factoring Income In The Hands Of The Assessee.

For Appellant: Ms. M. Lavanya, FCA &For Respondent: Shri N. Sanjay Gandhi, JCIT

Section 143(3)Section 147Section 148

open, provided there is "tangible material" to come to the conclusion that 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 changes made to Section 147 of the Act, as quoted hereinabove. Under

P. Ravichandran, Chennai vs. DCIT, Central Circle 1(3), Chennai

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

ITA 582/CHNY/2024[2007-08]Status: DisposedITAT Chennai14 Jun 2024AY 2007-08

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 582/Chny/2024 िनधा"रण वष"/Assessment Year: 2007-08 Dr. P. Ravichandran, The Deputy Commissioner No.3, Second Link Street, Vs. Of Income Tax, Raghava Reddy Colony, Central Circle – 1(3), Jaffarkhanpet, Chennai. Chennai – 600 083. Pan: Aahpr 0455M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate Shri I. Dinesh, Advocate ""यथ" क" ओर से/Respondent By : Shri N. Sanjay Gandhi, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.06.2024

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT

Section 132Section 143(3)Section 147Section 148Section 153ASection 54B

open, provided there is "tangible material" to come to the conclusion that 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 changes made to Section 147 of the Act, as quoted hereinabove. Under

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

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

ITA 403/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad13 Jun 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Sudhendu Das, CIT.DR

Section 132(4)Section 68

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation imply that cash was paid by the assessee

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

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

ITA 402/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad13 Jun 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Sudhendu Das, CIT.DR

Section 132(4)Section 68

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation imply that cash was paid by the assessee

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

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

ITA 401/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad13 Jun 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Sudhendu Das, CIT.DR

Section 132(4)Section 68

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation imply that cash was paid by the assessee

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

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

ITA 400/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad13 Jun 2024AY 2011-12

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Sudhendu Das, CIT.DR

Section 132(4)Section 68

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation imply that cash was paid by the assessee

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

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

ITA 399/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad13 Jun 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Sudhendu Das, CIT.DR

Section 132(4)Section 68

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation imply that cash was paid by the assessee

Bhootnath Vintrade Pvt. Ltd., Delhi vs. ITO, Ward-12(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 189/KOL/2024[2009-10]Status: DisposedITAT Kolkata11 Jun 2024AY 2009-10

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 147Section 148Section 14ASection 151Section 234Section 250Section 68

inalienable principle of law that the reasons recorded u/s. 148 of the Act should be based on credible material which must have a live link or nexus with the belief that there was escapement of income. There should be an independent application of mind on such material before recording

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 428/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2012-13

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 427/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 426/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2010-11

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 425/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2012-13

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 424/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 423/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2010-11

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Deepak R Shah, A.RFor Respondent: Shri Atul Pandey, C.I.T DR

Section 132(4)

each case, by the party alleging so, that this assessee in question was part of this scam. The chain of events and the live link of the assessee’s action giving his/her involvement in the scam should be established. 9.8 The allegation implies that cash was paid by the assessee

Himalaya Distilleries Ltd., Sikkim vs. ITO, WD-3(1), Gangtok, Sikkim

In the result, appeals of the assessee are allowed

ITA 758/KOL/2023[2013-14]Status: DisposedITAT Kolkata05 Jun 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R

Section 10Section 147Section 148Section 250

file the return of income only if the income exceeds the threshold limits. The reasons recorded u/s 148 of the Act should have a live link or nexus with the belief that there is escapement of income. In the instant case, both the conditions are not fulfilled because ... assessee has escaped assessment. It is, therefore, essential that before such action is taken the requirements of the law should be satisfied. The live link or close nexus should be there between the material before the Assessing Officer in the given case so as to provide a legally sound basis

Himalaya Distilleries Ltd., Sikim vs. ITO, WD-3(1), Gangtok, Sikim

In the result, appeals of the assessee are allowed

ITA 757/KOL/2023[2012-13]Status: DisposedITAT Kolkata05 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 757 & 758/Kol/2023 Assessment Year: 2012-13 & 2013-14 Himalaya Distilleries Ltd. Income Tax Officer, Ward – 3(1), Majitar Vs Gangtok Rangpo – 737136 [East Sikkim] [Pan : Aacch6217P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somanth Ghosh, A/R Revenue By : Shri P. P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Evenly Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) For Assessment Years 2012-13 & 2013-14. 2. As The Issues Raised In Both These Appeals Of The Assessee Are Common, They Have Been Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. Perusal Of The Grounds Of Appeal Indicate That Apart From The Grounds Raised On Merit, A Common Legal Ground Has Been Raised Challenging The Validity Of The Re-Assessment Proceedings On Account Of Wrong Assumption Of Jurisdiction U/S 147 Of The Act & That The Re-

For Appellant: Shri Somanth Ghosh, A/RFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. D/R

Section 10Section 147Section 148Section 250

file the return of income only if the income exceeds the threshold limits. The reasons recorded u/s 148 of the Act should have a live link or nexus with the belief that there is escapement of income. In the instant case, both the conditions are not fulfilled because ... assessee has escaped assessment. It is, therefore, essential that before such action is taken the requirements of the law should be satisfied. The live link or close nexus should be there between the material before the Assessing Officer in the given case so as to provide a legally sound basis

“live link”

Leading authorities on live link

Judgments citing live link

Shree Mallikarjun Trad Invest Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-4(1)(3), Ahmedabad

Oasis Jewels Private Limited, Ahmedabad vs. Income Tax Officer, Ward-3(1)(4), Ahmedabad

Swami Rameshwar Anandagiri Purna, New Delhi vs. DCIT, Circle-2(1) Int Taxation, Gurugram

The ITO, Ward-1(2)(3), Ahmedabad vs. Shri Mahesh Somabhai Patel, Ahmedabad

Easyaccess Financial Services Ltd, Chennai vs. ITO, Copr Ward 2(1), Chennai

P. Ravichandran, Chennai vs. DCIT, Central Circle 1(3), Chennai

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Jhaveri Trading and Investment Pvt.Ltd., Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Bhootnath Vintrade Pvt. Ltd., Delhi vs. ITO, Ward-12(3), Kolkata

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Vicky Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Sagar Rajesh Jhaveri, Ahmedabad vs. The DCIT, Cent. Cir. 1(1), Ahmedabad

Himalaya Distilleries Ltd., Sikkim vs. ITO, WD-3(1), Gangtok, Sikkim

Himalaya Distilleries Ltd., Sikim vs. ITO, WD-3(1), Gangtok, Sikim