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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

Shri Bhagwati Prasad Sharma, Dausa vs. Income Tax Officer, Ward, Dausa

ITA 27/JPR/2019[2009-10]Status: DisposedITAT Jaipur06 Mar 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 143(3)Section 147Section 234BSection 250

laws: 2.5.1 Kindly refer S.P. Agarwalla Alias Sukhdeo Prasad Agarwalla v/s ITO (1983) 140 ITR 1010 (Kol HC) held that no direct nexus or live link between confessional statement of P and formation of the belief of the ITO that income of appellant has escaped assessment - In the absence ... direct nexus or live link, such confessional statement will not constitute a relevant material justifying the reopening of assessment. 2.5.2In Kothari Metals v/s ITO (2015) 377 ITR 581/ 140 DTR 150 (Karn HC) held that the statement of some other person which was recorded was the basis of reassessment

Smt. Saroj Dhaka, Jaipur vs. ITO, Ward-6(3), Jaipur

ITA 1345/JPR/2019[2009-10]Status: DisposedITAT Jaipur06 Mar 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 143(3)Section 147Section 234BSection 250

laws: 2.5.1 Kindly refer S.P. Agarwalla Alias Sukhdeo Prasad Agarwalla v/s ITO (1983) 140 ITR 1010 (Kol HC) held that no direct nexus or live link between confessional statement of P and formation of the belief of the ITO that income of appellant has escaped assessment - In the absence ... direct nexus or live link, such confessional statement will not constitute a relevant material justifying the reopening of assessment. 2.5.2In Kothari Metals v/s ITO (2015) 377 ITR 581/ 140 DTR 150 (Karn HC) held that the statement of some other person which was recorded was the basis of reassessment

Shri Kailash Chand Gehlot, Jaipur vs. ITO, Ward-5(3) Jaipur

ITA 1279/JPR/2019[2009-10]Status: DisposedITAT Jaipur06 Mar 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 143(3)Section 147Section 234BSection 250

laws: 2.5.1 Kindly refer S.P. Agarwalla Alias Sukhdeo Prasad Agarwalla v/s ITO (1983) 140 ITR 1010 (Kol HC) held that no direct nexus or live link between confessional statement of P and formation of the belief of the ITO that income of appellant has escaped assessment - In the absence ... direct nexus or live link, such confessional statement will not constitute a relevant material justifying the reopening of assessment. 2.5.2In Kothari Metals v/s ITO (2015) 377 ITR 581/ 140 DTR 150 (Karn HC) held that the statement of some other person which was recorded was the basis of reassessment

Shri Shrinivas Tripathi, Ajmer vs. Income Tax Officer, Ajmer

ITA 471/JPR/2018[2009-10]Status: DisposedITAT Jaipur06 Mar 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 143(3)Section 147Section 234BSection 250

laws: 2.5.1 Kindly refer S.P. Agarwalla Alias Sukhdeo Prasad Agarwalla v/s ITO (1983) 140 ITR 1010 (Kol HC) held that no direct nexus or live link between confessional statement of P and formation of the belief of the ITO that income of appellant has escaped assessment - In the absence ... direct nexus or live link, such confessional statement will not constitute a relevant material justifying the reopening of assessment. 2.5.2In Kothari Metals v/s ITO (2015) 377 ITR 581/ 140 DTR 150 (Karn HC) held that the statement of some other person which was recorded was the basis of reassessment

Shri Arvind Kumar Sengwa, Ajmer vs. Income Tax Officer, Ward-2-1, Ajmer

ITA 1123/JPR/2018[2009-10]Status: DisposedITAT Jaipur06 Mar 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 143(3)Section 147Section 234BSection 250

laws: 2.5.1 Kindly refer S.P. Agarwalla Alias Sukhdeo Prasad Agarwalla v/s ITO (1983) 140 ITR 1010 (Kol HC) held that no direct nexus or live link between confessional statement of P and formation of the belief of the ITO that income of appellant has escaped assessment - In the absence ... direct nexus or live link, such confessional statement will not constitute a relevant material justifying the reopening of assessment. 2.5.2In Kothari Metals v/s ITO (2015) 377 ITR 581/ 140 DTR 150 (Karn HC) held that the statement of some other person which was recorded was the basis of reassessment

Shriamit Agrawal, Indore vs. The ITO Ward 1(3), Indore

ITA 212/IND/2022[2009-10]Status: DisposedITAT Indore27 Feb 2023AY 2009-10

Bench: Ms.Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2009-10 Shri Amit Agrawal Ito, Ward-1(3) बनाम/ Indore Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abrpa 2105 L Assessee By Shri S. N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.02.2023 Date Of Pronouncement 27.02.2023

Section 143(3)Section 147Section 148Section 271(1)(c)Section 68

case and submissions made before him even when the case of the appellant was reopened in absence of any tangible material and live link Page 1 of 8 Amit Agrawal Assessment year 2009-10 of concealment of income and merely on the basis of borrowed opinion without independent application

Income Tax Officer, Ward-2(3)(8), Surat vs. Sanjaykumar Devkishan Panwar, Surat

In the result the ground No

ITA 588/SRT/2019[2008-09]Status: DisposedITAT Surat22 Feb 2023AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.569/Srt/2019 Assessment Year: (2008-09) (Physical Court Hearing) Sanjaykumar Devkishan Panwar, Vs. The Ito, Ward-2(3)(8), 207, 2Nd Floor, 6/2060/61 Vedant Surat. Building Bojabhai Ni Sheri, Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aovpp8989A (Revenue)/(Appellant) (Assessee)/(Respondent) आयकर अपील सं./Ita No.588/Srt/2019 Assessment Year: (2008-09) The Ito, Ward-2(3)(8), Vs. Sanjaykumar Devkishan Panwar, 207, 2Nd Floor, 6/2060/61 Vedant Surat. Building Bojabhai Ni Sheri, Mahidharpura, Surat – 395003 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aovpp8989A (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Shri Rohit Vijayvargia, Ca Shri Ritesh Mishra, Cit(Dr) Respondent By Date Of Hearing 03/02/2023 Date Of Pronouncement 20/02/2023

Section 143(3)Section 147Section 148

providing accommodation entry by Bhanwarlal Jain Group. No specific information about the accommodation entry obtained by assessee was received by AO. There is no live link between the reasons recorded qua the assessee. Therefore, the re-opening is invalid and all subsequent action is liable to be set aside ... accommodation entry by Bhanwarlal Jain Group. And that there was no specific information about the accommodation entry availed by the assessee. There is no live link between the reasons recorded qua the assessee. We find that the assessee has raised objection against the validity of the reopening before

Sanjaykumar Devkishan Panwar, Surat vs. Income Tax Officer, Ward-2(3)(8), Surat

In the result the ground No

ITA 569/SRT/2019[2008-09]Status: DisposedITAT Surat22 Feb 2023AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.569/Srt/2019 Assessment Year: (2008-09) (Physical Court Hearing) Sanjaykumar Devkishan Panwar, Vs. The Ito, Ward-2(3)(8), 207, 2Nd Floor, 6/2060/61 Vedant Surat. Building Bojabhai Ni Sheri, Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aovpp8989A (Revenue)/(Appellant) (Assessee)/(Respondent) आयकर अपील सं./Ita No.588/Srt/2019 Assessment Year: (2008-09) The Ito, Ward-2(3)(8), Vs. Sanjaykumar Devkishan Panwar, 207, 2Nd Floor, 6/2060/61 Vedant Surat. Building Bojabhai Ni Sheri, Mahidharpura, Surat – 395003 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aovpp8989A (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Shri Rohit Vijayvargia, Ca Shri Ritesh Mishra, Cit(Dr) Respondent By Date Of Hearing 03/02/2023 Date Of Pronouncement 20/02/2023

Section 143(3)Section 147Section 148

providing accommodation entry by Bhanwarlal Jain Group. No specific information about the accommodation entry obtained by assessee was received by AO. There is no live link between the reasons recorded qua the assessee. Therefore, the re-opening is invalid and all subsequent action is liable to be set aside ... accommodation entry by Bhanwarlal Jain Group. And that there was no specific information about the accommodation entry availed by the assessee. There is no live link between the reasons recorded qua the assessee. We find that the assessee has raised objection against the validity of the reopening before

Late Shri Bhimsen Darbarilal Arora, Surat vs. The Asstt. Commissioner of Income Tax, Circle-5, Surat

In the result, ground no.4 raised by assessee is allowed for statistical purposes

ITA 1706/AHD/2016[2010-11]Status: DisposedITAT Surat22 Feb 2023AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.1706/Ahd/2016 "नधा"रणवष"/Assessment Year: (2010-11) (Physical Court Hearing) Bhimsen Darbarilal Arora Through, Vs. The Acit, Circle-5, L/H. Rajat Bhimsen Arora, Surat. Smt. Mamta Bhimsen Arora, A-201, Madhulika Apartment, Bhatar Road, Surat. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acaps9230L

Section 133ASection 143(3)Section 145(3)Section 68

providing accommodation entry by Bhanwarlal Jain Group. No specific information about the accommodation entry obtained by assessee was received by AO. There is no live link between the reasons recorded qua the assessee. Therefore, the re-opening is invalid and all subsequent action is liable to be set aside ... accommodation entry by Bhanwarlal Jain Group. And that there was no specific information about the accommodation entry availed by the assessee. There is no live link between the reasons recorded qua the assessee. We find that the assessee has raised objection against the validity of the reopening before

Jsd Steel P.Ltd (Formerly Cbs Steel P.Ltd), New Delhi vs. ITO, Ward-5(4), New Delhi

In the result, the appeal is allowed, as indicated above

ITA 2884/DEL/2022[2011-12]Status: DisposedITAT Delhi17 Feb 2023AY 2011-12

Bench: Shri Saktijit Deyassessment Year: 2011-12

Section 139(1)Section 142(1)Section 143(3)Section 147Section 148Section 68

assessee. 9. Before me, drawing my attention to the reasons recorded for reopening of assessment, learned counsel submitted that there is no live link between the material available with the Assessing Officer and formation of belief. He submitted, though, the Assessing Officer has stated that the assessee has entered into

Gyan Chand Sharma, Palwal vs. ITO Ward - 1(3), Faridabad

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

ITA 1586/DEL/2020[2011-12]Status: DisposedITAT Delhi17 Feb 2023AY 2011-12

Bench: Shri Kul Bharat[Assessment Year : 2011-12] Gyan Chand Sharma, Vs Ito, H.No.436, Adarsh Colony, Ward-1(3), Palwal, Haryana. Faridabad. Pan-Bhgps2052E Appellant Respondent Appellant By None Respondent By Ms. Maimun Alam, Sr.Dr Date Of Hearing 02.02.2023 Date Of Pronouncement 17.02.2023

Section 143(1)Section 143(3)Section 147Section 68

came to" the belief that income chargeable to tax on account unexplained cash deposits have escaped assessment. Thus, it is noted that there was live link between the information in possession of the AO and belief made that income chargeable to tax has escaped assessment. The reasons recorded

ACIT, Circle-28(1), New Delhi vs. Anju Jain, New Delhi

The appeal of the Revenue is dismissed

ITA 7623/DEL/2018[2015-16]Status: DisposedITAT Delhi17 Feb 2023AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

For Appellant: Shri Kanv Bali, Sr.DRFor Respondent: Shri Suresh Kumar Gupta, CA
Section 10(38)Section 143(2)Section 68

generalized inputs received by him without taking cognizance of such overwhelming fact of staggering holding period and without showing any nexus or live link with the assessee. Coupled with this, the assessee has reportedly entered into transaction through a registered broker who is not named in the investigation report

Rajesh Jain, New Delhi vs. ITO, Ward-42(3), New Delhi

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

ITA 6231/DEL/2019[2010-11]Status: DisposedITAT Delhi14 Feb 2023AY 2010-11

Bench: Shri Shamim Yahya & Ms. Astha Chandra[Assessment Year: 2010-11]

Section 142(1)Section 144Section 147Section 148Section 151

initiation of the proceedings under Section 147, read with Section 148, made by A.O. is bad and liable to be quashed as the live link between the material and the belief formed. 4. On the facts and circumstances of the case, the Ld. CIT(A) has erred both on facts

M/S Hanuman Tube Well Co., Jaipur vs. Deputy Commissioner of Income Tax, Circle-3, Jaipur

In the result, the appeal of the assessee is allowed

ITA 865/JPR/2019[2008-09]Status: DisposedITAT Jaipur13 Feb 2023AY 2008-09

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

For Appellant: Shri S.L. Jain (Adv.) &For Respondent: Shri Sanjay Dhariwal (CIT)
Section 143(2)Section 147Section 148Section 40

Lakhmani Mewal Das 1976 SCR (3) 956 (dated 30-03-1976) wherein it has been held as under: Page 11…………The live link or close nexus which should be there between the material before the income-tax officer in the present case and the belief which he was to form

Hazari Lal Kesari Chand, New Delhi vs. ACIT, Circle-48(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 8561/DEL/2019[2007-08]Status: DisposedITAT Delhi10 Feb 2023AY 2007-08

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S

For Appellant: N O N EFor Respondent: Shri
Section 132Section 133(6)Section 143(1)Section 148

Nova Promoters & Finalise Private Ltd [ITA No. 342 of 2011] dated 15-02- 2012, held that as long as there is a 'live link' between the document/information which was placed before the Assessing Officer at the time when reasons for reopening were recorded, proceedings u/s 147 would be valid ... done in a mechanical manner without application of mind, we find there is nothing on record to support such a contention. There is a live link between the information which was available with the Assessing Officer and his formation of belief that income has escaped assessment. Sufficiency of such information

ITO, Ward-2(3)(8), Surat vs. Mukeshkumar Lalchand Jain, Surat

In the result, appeal filed by the Revenue is partly allowed

ITA 452/SRT/2019[2008-09]Status: DisposedITAT Surat30 Jan 2023AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.452/Srt/2019 ("नधा"रण वष" /Assessment Year: (2008-09) (Physical Court Hearing) Income Tax Officer, Ward- Mukeshkumar Lalchand Jain, 2(3)(8), Room No.407, 4Th Prop. Of M/S Mukesh Diamonds, 1St Floor, Anavil Business Vs. Office No. 401, Floor, H. Centre, Adajan-Hajira Road, No.5/1171/72/73/1090, New Dtc, Adajan, Surat-395009 Hath Falia, Haripura, Surat – 395008. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agupj3281A (Appellant)/(Revenue) (Respondent)/(Assessee)

Section 147Section 148

providing accommodation entry by Bhanwarlal Jain Group. No specific information about the accommodation entry obtained by assessee was received by AO. There is no live link between the reasons recorded qua the assessee. Therefore, the re-opening is invalid and all subsequent action is liable to be set aside ... accommodation entry by Bhanwarlal Jain Group. And that there was no specific information about the accommodation entry availed by the assessee. There is no live link between the reasons recorded qua the assessee. We find that the assessee has raised objection against the validity of the reopening before

Income Tax Officer, Ward 2(3)(7), Surat vs. Shri Anil Pukhraj Jain, Surat

In the result the ground No

ITA 89/SRT/2017[2008-09]Status: DisposedITAT Surat23 Jan 2023AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.89/Srt/2017 िनधा"रण वष"/Assessment Year: (2008-09) (Physical Court Hearing) Income Tax Officer, Ward-2(3)(7), Anil Pukhraj Jain, Room No.414, 4Th Floor, Aayakar Prop. Of Aakruti Stone, 206-2Nd Floor, Tulsi Building, Bhavan, Adajan, Surat-395009 Vs. Somnath Mahadev Ni Sheri, Mahidharpura, Surat – 395009. (Appellant) (Respondent)/ "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahapj8569Q ""या"ेप सं Cross Objection No.10/Srt/2021 (A/O Ita No.89/Srt/2017) िनधा"रण वष"/Assessment Year: (2008-09) Anil Pukhraj Jain, Income Tax Officer, Ward-2(3)(7), Room No.414, 4Th Floor, Aayakar Prop. Of Aakruti Stone, 206- 2Nd Floor, Tulsi Building, Vs. Bhavan, Adajan, Surat-395009 Somnath Mahadev Ni Sheri, Mahidharpura, Surat – 395009. Appellant/Co-Objector (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahapj8569Q िनधा"रती क" ओर से /Assessee By Shri Sapnesh R. Sheth, Ca राज"व क" ओर से /Respondent By Shri Ashok B. Koli, Cit-Dr सुनवाई क" तारीख/Date Of Hearing 23/12/2022 उ"ोषणा क" तारीख/Date Of Pronouncement 23/ 01/2023

Section 143(3)

providing accommodation entry by Bhanwarlal Jain Group. No specific information about the accommodation entry obtained by assessee was received by AO. There is no live link between the reasons recorded qua the assessee. Therefore, the re-opening is invalid and all subsequent action is liable to be set aside ... accommodation entry by Bhanwarlal Jain Group. And that there was no specific information about the accommodation entry availed by the assessee. There is no live link between the reasons recorded qua the assessee. We find that the assessee has raised objection against the validity of the reopening before

Gaurav Singhal, New Delhi vs. ITO, Ward-17(4), New Delhi

ITA 576/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Jan 2023AY 2010-11

Bench: Sh. Pradip Kumar Kedia & Sh. Anubhav Sharmagaurav Singhal Vs. Ito, 149, Tarun Enclave, Ward-17(4), Pitampura, C.R.Building, New Delhi-110034 New Delhi-110002 Pan : Aohps3787D (Appellant) (Respondent)

Section 10(38)Section 143(2)Section 147Section 148Section 68

mere expression of Ld. AO’s perspective on financials of the assessee and do not have any reasons to show that there is live link between the information reproduced and the failure of assessee to disclose fully and truly all material facts necessary for assessment. Apparently

Bikash Deb, Bhubaneswar vs. DCIT Circle- 2(1), Bhubaneswar

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

ITA 357/CTK/2019[2009-10]Status: DisposedITAT Cuttack17 Jan 2023AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita Nos.357 & 388/Ctk/2019 /2019 Assessment Years : 2009-10 & 2010 10 & 2010-11 Bikash Dev Bikash Dev, Flat No.101, Vs. Dcit, Circle Dcit, Circle-2(1), Haraprity Haraprity Apar Apartment, Bhubaneswar. Bhubaneswar. Vivekananda Vivekananda Marg, Marg, Old Old Town, Bhubaneswar. Town, Bhubaneswar. Pan/Gir No. Pan/Gir No.Ahepd 0737 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Adv K.K.Bal, Adv Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 17/01 01/2023 Date Of Pronouncement : 17/01 /01/2023 O R D E R

For Appellant: Shri K.K.Bal, AdvFor Respondent: Shri M.K.Gautam
Section 143(1)Section 147Section 148Section 149Section 21(5)

estimated amount of the alleged income which has escaped assessment and as it is noticed that the reasons recorded do not contain any live link to the alleged illegal mining, the reasons recorded for the purpose of reopening of assessment are invalid and is nothing but fishing enquiry. Consequently

The Deputy Commisioner of Income Tax, Circle- 3(1), Raipur vs. M/S Sankalp Realities, Raipur

In the result, appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 47/RPR/2018[2009-10]Status: DisposedITAT Raipur13 Jan 2023AY 2009-10

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.47/Rpr/2018 Co. No.01/Rpr/2018 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of Income Tax, Circle-3(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Sankalp Realities, 28/620 Anand Niwas, Shankar Nagar, Raipur (C.G.) Pan: Abcsf6391P ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri G.N Singh, Sr. DR
Section 143(3)Section 147Section 148

Realities CO No.01/RPR/2018 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 s. 147 of the Act, as quoted hereinabove. Under