Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals  ||  Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment  ||  Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society  ||  SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers  ||  J&K&L High Court: Minor Minerals Have Major Environmental Impacts and Must be Regulated  ||  Del HC: Unexplained Money Received by Public Servant is Not Bribery Without Proof of Official Favour  ||  Del HC: There is No Absolute Bar on Granting Co-Convicts Parole/Furlough Together in Suitable Cases  ||  Bom HC: LARR Authority Can Examine Limitation Issues in Land Acquisition References under 2013 Act  ||  MP HC: Long-Serving Employees Cannot Be Denied Regularisation by Retrospective Statutory Amendments  ||  J&K&L HC: Routine Challenges to Lok Adalat Awards Defeat Their Purpose of Quick Dispute Resolution    

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