Law:

Section:

[2008] 306 ITR 343 [2008] 217 CTR 345 (RAJ.) HIGH COURT OF RAJASTHAN Commissioner of Income-tax v. Shri Ram Singh N.P. GUPTA AND KISHAN SWAROOP CHAUDHARI, JJ. IT APPEAL NO. 65 OF 2006 MAY 20, 2008 Section 147 of the Income-tax Act, 1961 - Income escaping assessment - General Once Assessing Officer comes to conclusion that income with respect to which he had entertained "reason to believe" to have escaped assessment, was found to have been explained, his jurisdiction comes to a stop at that, and he does not continue to possess jurisdiction to put to tax any other income which subsequently came to his notice in course of proceedings, which was found by him to have escaped assessment It is only when in proceedings under section 147 the Assessing Officer assesses or reassesses any income chargeable to tax which has escaped assessment for any assessment year, with respect to which he had "reason to believe" to be so, then only, in addition he can also put to tax the other income chargeable to tax which has escaped assessment, and which has come to his notice subsequently, in the course of proceedings under section 147. If in the course of proceedings under section 147, the Assessing Officer were to come to conclusion that any income chargeable to tax which, according to his "reason to believe", had escaped assessment for any assessment year, did not escape assessment, then the mere fact, that the Assessing Officer entertained a reason to believe, albeit even a genuine reason to believe, would not continue to vest him with the jurisdiction to subject to tax any other income chargeable to tax which the Assessing Officer may find to have escaped assessment and which may come to his notice subsequently in the course of proceedings under section 147. It is a different story that for such other income, the Assessing Officer may have recourse to such other remedies as may be available to him under law but then once it is found that the income regarding which he had "reason to believe" to have escaped assessment, is not found to have escaped assessment, the Assessing Officer is required to withhold his hands at that only. Thus, once the Assessing Officer comes to the…

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