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2014 (3) TMI 961 - ITAT DELHIReopening of assessment - assessee has received bogus accommodation entries - Held that:- The undisputed fact is that the Assessing Officer has not conducted any enquiry in this case. The assessee has given evidence and documents such as share application form, confirmation letters, copy of tax returns, balance sheets, affidavits etc. which are listed in para ‘5’ of this order. There is no investigation much less enquiry made by the Assessing Officer. There is no evidence with the Assessing Officer to disbelieve the evidences and documents filed by the assessee. Mere rejection of these evidences on the ground that the assessee has created a paper trial is not correct. The assessee has discharged the burden of proof that lay on it. Now the onus shifted to revenue and this in our view was not discharged by the AO. The Assessing Officer in this case did not conduct any enquiry or investigation, but merely rejected the evidence given by the assessee. This is not permissible in law. - Decided in favour of assessee.
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