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38 results for “disallowance”+ Section 148Aclear

Sorted by relevance

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Key Topics

Section 148A76Section 14867Section 14742Section 25026Addition to Income23Limitation/Time-bar17Section 69C10Section 36(1)(va)10Condonation of Delay10Reopening of Assessment

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

ITA 180/KOL/2025[2015-16]Status: DisposedITAT Kolkata13 Jan 2026AY 2015-16

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

148A of the Income Tax Act, 1961, thereby violating the statutory requirements and principles of natural justice. 6. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by failing to adjudicate the 6 ground that the Learned Assessing Officer passed the assessment order by erroneously applying the provisions of Section

Showing 1–20 of 38 · Page 1 of 2

10
Section 142(1)9
Disallowance9

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

ITA 179/KOL/2025[2011-12]Status: DisposedITAT Kolkata13 Jan 2026AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

148A of the Income Tax Act, 1961, thereby violating the statutory requirements and principles of natural justice. 6. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by failing to adjudicate the 6 ground that the Learned Assessing Officer passed the assessment order by erroneously applying the provisions of Section

PRAMOD LAKRA DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. URVASHI SAREES PVT. LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

ITA 222/KOL/2025[2015-16]Status: DisposedITAT Kolkata24 Jul 2025AY 2015-16

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

Section 143(2)Section 144BSection 147Section 148Section 148ASection 250Section 69C

148A(b) of the Act could have been issued in pursuance of directions of the Hon'ble Supreme Court of India, the Assessment Unit did not part with the documents relied upon in support of the issuance of such notice ignoring the mandatory directions of the Hon'ble Supreme Court and such purported action of the Assessment Unit and upholding

URVASHI SAREES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), , KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

ITA 1946/KOL/2024[2015-2016]Status: DisposedITAT Kolkata24 Jul 2025AY 2015-2016

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

Section 143(2)Section 144BSection 147Section 148Section 148ASection 250Section 69C

148A(b) of the Act could have been issued in pursuance of directions of the Hon'ble Supreme Court of India, the Assessment Unit did not part with the documents relied upon in support of the issuance of such notice ignoring the mandatory directions of the Hon'ble Supreme Court and such purported action of the Assessment Unit and upholding

M.A. FINANCIAL SERVICES PVT. LTD.,,KOLKATA vs. ITO, WARD 4(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

ITA 1272/KOL/2025[2015-2016]Status: DisposedITAT Kolkata17 Oct 2025AY 2015-2016

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

Section 139Section 143(1)Section 144BSection 147Section 148Section 148ASection 149(1)(b)Section 250Section 69A

148A(b) of the Act was issued and finally notice u/s 148 of the Act was issued on 13.07.2022. In response, the assessee filed return on 02.11.2021 declaring total income of Rs.9,647. Assessment was made under sec. 147 M. A Financial Services Pvt. Ltd read with section 144B of the Act on 24.05.2023 determining total income of Rs.6

SUMITA ROY CHOWDHURY,KOLKATA vs. I.T.O., WARD - 48(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

ITA 1272/KOL/2024[2009-2010]Status: DisposedITAT Kolkata08 Jan 2025AY 2009-2010

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

Section 139Section 143(1)Section 144BSection 147Section 148Section 148ASection 149(1)(b)Section 250Section 69A

148A(b) of the Act was issued and finally notice u/s 148 of the Act was issued on 13.07.2022. In response, the assessee filed return on 02.11.2021 declaring total income of Rs.9,647. Assessment was made under sec. 147 M. A Financial Services Pvt. Ltd read with section 144B of the Act on 24.05.2023 determining total income of Rs.6

M/S. DIACH CHEMICALS & PIGMENTS PVT. LTD.,HOWRAH vs. D.C.I.T., CENTRAL CIRCLE - 4(2), KOLKATA, KOLKATA

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

ITA 1642/KOL/2024[2018-2019]Status: DisposedITAT Kolkata20 Dec 2024AY 2018-2019

Bench: Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri S.M. Surana &For Respondent: Shri Prakash Nath Barnwal, DR
Section 132Section 142(1)Section 143(3)Section 147Section 148Section 148A

Section 148A of the Act dated 17.03.2022, wherein at page no. 4 of the notice the ld. AO has stated that M/s Saviri Ispat India Pvt. Ltd. has taken accommodation entry and brought back their unaccounted income into their regular books of accounts in the guise of bogus share/ share premium, unsecured loans etc. amounting

M/S. DIACH CHEMICALS & PIGMENTS PVT. LTD.,HOWRAH vs. D.C.I.T., CENTRAL CIRCLE - 4(2), KOLKATA, KOLKATA

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

ITA 1643/KOL/2024[2021-2022]Status: DisposedITAT Kolkata20 Dec 2024AY 2021-2022

Bench: Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri S.M. Surana &For Respondent: Shri Prakash Nath Barnwal, DR
Section 132Section 142(1)Section 143(3)Section 147Section 148Section 148A

Section 148A of the Act dated 17.03.2022, wherein at page no. 4 of the notice the ld. AO has stated that M/s Saviri Ispat India Pvt. Ltd. has taken accommodation entry and brought back their unaccounted income into their regular books of accounts in the guise of bogus share/ share premium, unsecured loans etc. amounting

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 919/KOL/2024[2013-14]Status: DisposedITAT Kolkata11 Feb 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

For Appellant: Shri S.M. Surana, ARFor Respondent: Shri Subhendu Datta, DR
Section 147Section 148Section 263Section 69A

148A of the Act.” Raghuvir Retailers Pvt. Ltd.; A.Y. 2013-14 010. The case of the assessee find support from the decision of in the case of Keshab Narayan Banerjee (supra) herein the Hon'ble Kolkata High Court has held as under:- “We, therefore, are of the view that there is neither any material which could justify the inference

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RAJSHRI IRON INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, both the appeals of the Revenue are dismissed

ITA 2388/KOL/2024[2013]Status: DisposedITAT Kolkata21 Nov 2025

Bench: Shri Rajesh Kumar, Am & Shrisonjoy Sarma, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: S/Shri Praveen Kishore &
Section 147Section 148Section 148ASection 69C

Sections 68 and 69 C of the Act, and if the purchases are bogus, then it is not incumbent upon the Tribunal to restrict the disallowance only to confirm certain percentage of such purchases. The Special Leave Petition against the said decision was dismissed by the Hon'ble Supreme Court in case of N. K. Protiens Ltd. v. Deputy Commissioner

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RAJSHRI IRON INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, both the appeals of the Revenue are dismissed

ITA 2385/KOL/2024[2018]Status: DisposedITAT Kolkata21 Nov 2025

Bench: Shri Rajesh Kumar, Am & Shrisonjoy Sarma, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: S/Shri Praveen Kishore &
Section 147Section 148Section 148ASection 69C

Sections 68 and 69 C of the Act, and if the purchases are bogus, then it is not incumbent upon the Tribunal to restrict the disallowance only to confirm certain percentage of such purchases. The Special Leave Petition against the said decision was dismissed by the Hon'ble Supreme Court in case of N. K. Protiens Ltd. v. Deputy Commissioner

JCIT (IN-SITU), CIRCLE-4(1), KOLKATA, KOLKATA vs. TEZAS TRADING COMPANY PVT LTD, KOLKATA

In the result, both, the appeal of revenue as well as the cross objection of the assessee, are treated as allowed for statistical purposes

ITA 1505/KOL/2024[2013-14]Status: DisposedITAT Kolkata22 Jan 2025AY 2013-14

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 147Section 148Section 148ASection 149Section 14ASection 250

Section 148A of the new Law? 7. The appellant craves to make addition, alternation and modification of ground or grounds during the course of hearing of the appeal.” 6. Whereas, in the Cross Objection, the assessee has taken the following grounds: Page 3 of 6 I.T.A. No.: 1505/KOL/2024 & CO 46/Kol/2024 Tezas Trading

BARDHAMAN DHARMARAJ PAPER MILL PVT. LTD.,KOLKATA vs. PCIT- CENTRAL, ASANSOL

In the result, the appeal of the assessee stands allowed

ITA 160/KOL/2021[2014-15]Status: DisposedITAT Kolkata10 Oct 2022AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.160/Kol/2021 Assessment Year: 2014-15 Bardhaman Dharmaraj Paper Mill Pvt. Ltd.........................................……Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. [Pan: Aaecb0141J] Vs. Pcit (Central), Asansol......….…..…...................……........……...…..…..Respondent Appearances By: Shri Subash Agarwal, Advocate & Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Md. Ghayasuddin, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 06, 2022 Date Of Pronouncing The Order : October 10, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 31.03.2021 Of The Principal Commissioner Of Income Tax (Hereinafter Referred To As The ‘Pcit’) Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Are That The Assessment In This Case Of The Assessee Was Reopened U/S 147 Of The Act To Verify The Transactions Of The Assessee With The Party M/S Siddhi Enterprises Due To Discrepancy Found In The Accounts. 3. The Assessing Officer Noted That The Assessee Had Failed To Prove The Genuineness Of The Purchases Made From M/S Siddhi Enterprises. However, He Further Noted That The Assessee Not Only Had Shown Such Purchases In The Books Of Account But Also Had Recorded Corresponding Sales Thereto. Therefore, The Assessing Officer Held That Since The

Section 147Section 263

disallowance was to be made as against 12.5% estimated by Ld. AO keeping in view the decision Hon'ble Apex Court rendered in N.K.Proteins Ltd. Vs. DCIT [84 Taxmann.com]. Therefore, applying clause (a) and (d) of explanation 2 to Section 263(1), the order was treated as erroneous as well as prejudicial to the interest of the revenue. Accordingly

UMANG WEBTECH PVT. LTD.,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1311/KOL/2024[2010-2011]Status: DisposedITAT Kolkata25 Aug 2025AY 2010-2011

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 142(1)Section 143(2)Section 147Section 148Section 271(1)

disallow the claim of current year loss of Rs. 18,26,160/- and added back to the total income. Subject to the above observation the total income of the assessee is computed as under: 4. Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed. Being

GARRAH SKUS LIMITED,BANKURA vs. ITO, WARD 3(1),, BANKURA

In the result, the appeal filed by the assessee is partly allowed for statistical purpose

ITA 2361/KOL/2025[2018-2019]Status: DisposedITAT Kolkata28 Jan 2026AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115BSection 144Section 147Section 148Section 148ASection 226(3)Section 250Section 69ASection 69C

148A(b) of the Act, a notice u/s 148 of the Act was issued. However, the assessee did not furnish any reply to the notices issued by the Assessing Officer (hereinafter referred to as Ld. 'AO') including the show cause notice issued u/s 144 of the Act. The Ld. AO made the assessment to the best of his judgment

M/S. SHREE PRAKASH TRACON PVT. LTD.,KOLKATA vs. I.T.O., WARD - 5(1), , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1873/KOL/2024[2018-2019]Status: DisposedITAT Kolkata28 Nov 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm M/S Shree Prakash Tracon Pvt. Income Tax Officer, Ltd. Ward 591), Kokata P-7, Room No. 301/A/1, Avani Chowringhee Square, Aaykar Vs. Signature, 91/A/1, Park Street, Bhavan,Kolkata-700069 Kolkata-700016 (Appellant) (Respondent) Pan No. Aakcs7629A Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Pradip Biswas, Dr Date Of Hearing: 29.10.2024 Date Of Pronouncement : 28.11.2024

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Pradip Biswas, DR
Section 139(1)Section 147Section 148Section 148(2)Section 148ASection 69C

disallowance of expenses u/s 69C of the Act being unexplained to the tune of ₹28,33,609/-. The appeal of the assessee was partly allowed by the ld. CIT (A) by confirming the addition to the tune of ₹50% of expenses and deleting the remaining 50%. 05. After hearing the rival contentions and perusing the documents available on record

RAJU SAHA,BARASAT, TWENTY FOUR PARGANAS NORTH vs. DCIT/ACIT, CIRCLE - 61,, KOLKATA

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

ITA 2056/KOL/2025[2018-2019]Status: DisposedITAT Kolkata13 Nov 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2056/Kol/2025 Assessment Year: 2018-2019 Raju Saha,……………………………….……...……Appellant Swapanapuri, Duttapukur Hatkhola, Barasat, 24-Parganas (N), Kolkata-743248, West Bengal [Pan:Awops1579E] -Vs.- Dcit/Acit,…………………………………….……..Respondent Circle-61, Kolkata, Office Of The Deputy Commissioner Of Income Tax, Bamboo Villa, 169, A.J.C. Bose Road, Kolkata-700014

Section 10Section 142(1)Section 144Section 147Section 148Section 148ASection 192Section 270ASection 80C

148A(d) of the 2 Raju Saha Act with the prior approval of the specified authority, but the assessee did not make any compliance. As the assessee did not furnish any information, the assessee was again requested to furnish the requisite information by way of issuance of another notice under section 142(1) of the Act dated

DCIT,CIRCLE-5(1), KOLKATA, KOLKATA vs. HINDUSTHAN NATIONAL GLASS AND INDUSTRIESLIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed as being infructuous

ITA 338/KOL/2024[2011-12]Status: DisposedITAT Kolkata31 Dec 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 148ASection 14ASection 250

section 148A of the Act. It is also mentioned that his charge was created by the merger of four circles and, therefore, the workload became unmanageable, creating huge backlog which had now somewhat normalised. Moreover, after merger, records were very difficult to trace out and the relevant record was found on 26/12/2023. Therefore, it has been requested to condone

SHYAM GREENFIELD DEVELOPER PRIVATE LIMITED,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

ITA 1164/KOL/2025[2018-2019]Status: DisposedITAT Kolkata27 Oct 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 139(1)Section 147Section 250Section 253(3)Section 253(5)

Section 148A of the Act before reopening the assessment and in that view of the matter, the impugned proceedings u/s 147/144B and the consequent reassessment order dated 14.03.2024 passed u/s 147/144B of the Act ought to be declared bad in law. I.T.A. No.: 1164/KOL/2025 Assessment Year: 2018-19 Shyam Greenfield Developer Private Limited. (iii) For that on the facts

M/S. LOOKLINE VINCOM PVT. LTD., ,KOLKATA vs. ITO, WARD 6(2), , KOLKATA

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

ITA 461/KOL/2025[2018-19]Status: DisposedITAT Kolkata30 Jul 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Income Tax Officer-6(2), Ward 6(2), M/S Lookline Vincom Pvt. Ltd. Aayakar Bhawan, P-7, 14-C, M.D. Road, 4 Th Floor, Chowringhee Square, Vs. Kolkata-700007 Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aaccl2244C

For Appellant: Shri Monaj Kataruka, ARFor Respondent: Ms. Ranu Biswas, DR
Section 148Section 148ASection 68

Section 148A(b) of the Act with prior approval of the competent authority, wherein the assessee was given a show cause notice as to why the amount received it bank account from M/s Eclcat Constructions Pvt. Ltd. to the tune of ₹17 lacs should not be treated as income chargeable to tax, which is escaped assessment within the meaning