To assume a valid jurisdiction u/s 147 of the Income Tax Act, the AO must form a reason to believe on his own - Clarifies ITAT

Last updated: 02 October 2021

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The Income Tax Appellate Tribunal (ITAT) in Jaipur has clarified that for an Assessing Officer (AO) to validly assume jurisdiction under Section 147 of the Income Tax Act, they must independently form a 'reason to believe'. The tribunal's ruling emphasises that the AO cannot rely solely on external information or the beliefs of others without their own independent formation of belief. This judgement is crucial for understanding the prerequisites for reopening tax assessments.

Court :
ITAT Jaipur

Brief :
This is the appeal filed by the assessee against the order of the ld. CIT(A), Alwar dated 30/10/2019 for the A.Y. 2008-09

Citation :
ITA No. 1388/JP/2019

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Attached File : 1599418_4492_ita_1388_of_19.pdf

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Judgement posted by

mahendra gargieya

Advocate Practicing in Direct, Indirect Taxation Company Law Matters for more than 30 years now. Regularly appearing before Honble High Courts, different Benches of ITAT, CESTAT, NCLT, etc. . Former Chief Editor Tax World - A high reputed Professional Journal of Rajasthan Tax Consultants Association. More than ... Read more

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