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“Section 151(11)”

Section References (mined)Section 151Section 151(11)1 judgments

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)

PCIT v. NC Cables Ltd.
391 ITR 11 · 2017 · High Court
104
citing judgments

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.

11. Rakesh Gupta v. CIT P&H High Court
93 Taxmann.com 271 · 2018 · High Court
37
citing judgments

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.

Tanmac India v. DCIT
78 Taxmann.com 155 · 2017 · High Court
36
citing judgments

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.

CIT (E) v. Gujarat State Lion Conservation Society
166 Taxmann.com 430 · 2024 · High Court
19
citing judgments

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.

Amiya Sales and Industries v. ACIT
274 ITR 25 · 2005 · High Court
18
citing judgments

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.

281 ITR 394 (Delhi) (paras 9, 11) Dalmia P. Ltd. v. CIT
41 ITR 142 · 1961 · High Court
18
citing judgments

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.

Bom) VII. Prashant S. Joshi vs. ITO 324 ITR 154 HC (Bom) VIII. Austin Engineering Co. Ltd. v. JCIT
335 ITR 234 · 2011 · High Court
17
citing judgments

An Assessing Officer cannot make additions to income that were not part of the original reasons for reopening the assessment.

CIT v. Apeejay Education Society
59 Taxmann.com 102 · 2015 · High Court
14
citing judgments

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.

Judgments citing Section 151(11)