Supreme Court Grants Probation to Convicts; Rules Fine-Only Cases Also Eligible  ||  SC Disposes Plea on Allied Health Course Moratorium After NCAHP Issues 2026–27 Guideline  ||  Supreme Court Grants Promotion Relief to Employee Denied Relaxation, Calling it Discrimination  ||  Patna HC: Tender Lapses if Not Extended on Time & Delay Cannot be Cured by Repeated Representations  ||  Delhi HC Directs Strict Compliance With SC Orders For Release of Undertrials After 1/3rd Sentence  ||  MP HC Grants Bail to Two Muslim Men Arrested over Instagram Reel Allegedly Supporting Iran  ||  SC: General Reference to a Tender’s Arbitration Clause Does Not Incorporate it into a Contract  ||  Supreme Court: Partnership Veil May be Lifted to Detect Illegal Sub-Letting Arrangements  ||  Supreme Court: Lower Dearness Relief For Pensioners than Employees' DA is Arbitrary under Article 14  ||  Supreme Court: NCLT Should Not Assess Merits of Pre-Existing Dispute in Section 9 Applications    

Oriental Insurance Company v. Commissioner of Income Tax - (High Court of Delhi) (15 Sep 2015)

Assessing Officer cannot reopen assessment on erroneous assumptions

MANU/DE/2677/2015

Direct Taxation

To reopen a concluded income tax assessment for escaped income, a reason to suspect cannot be a reason to believe, which must be rational and bear a direct nexus to the material on which such a belief is based. The Court held that an Assessing Officer does not have jurisdiction to reopen an assessment for ‘believed’ escaped income, if such a belief is not based on tangible material or information. It noted, the Officer had reopened the assessment for escaped income on grounds other than those which suggested escaped income.

Relevant : Section 147 Income Tax Act, 1961 Act Commissioner of Income-Tax v. Kelvinator of India Ltd.: MANU/SC/0047/2010 Prabhu Dayal Rangwala v. Commissioner of Income-Tax: MANU/DE/0696/2015

Tags : TAX   ASSESSMENT   ESCAPED INCOME   BELIEF  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved