“Section 151(11)”
The decision most relied on for Section 151(11) is PCIT v. NC Cables Ltd. (391 ITR 11), cited in 104 judgments on BharatTax.
Leading authorities on Section 151(11)
Approval for reassessment under Section 151 requires the approving authority to apply its mind and form an opinion, not merely endorse it mechanically. Additions under Section 68 cannot be made based on suspicion alone and require conclusive evidence.
Reopening of assessment is based on a prima facie belief that income has escaped assessment. The Assessing Officer does not need to conclusively prove escapement of income to assume jurisdiction under section 147.
Reassessment proceedings are not justified if initiated based on material already on record, as this constitutes a mere change of opinion and not the discovery of fresh tangible material.
Where an Assessing Officer has accepted the assessee's claim for exemption of a government grant under section 11 in earlier years, and there is no change in circumstances, the assessment order accepting a similar claim in the current year is not erroneous or prejudicial to the revenue.
Reopening an assessment under section 147 after four years from the end of the relevant assessment year requires the recorded reasons to clearly indicate a failure on the part of the assessee to fully and truly disclose material facts necessary for the assessment.
A reassessment under section 147(b) of the Income-tax Act, 1961, is valid if the Income-tax Officer has reason to believe that income has escaped assessment due to the assessee's failure to make a full and true disclosure. This can be based on information that came to his notice after the original assessment.
An Assessing Officer cannot make additions to income that were not part of the original reasons for reopening the assessment.
Registration granted to a society under section 12AA cannot be cancelled solely on the grounds of violating sections 11 and 13, especially if the assessee provides sufficient evidence regarding the truthfulness of transactions.