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2014 (2) TMI 732 - ITAT DELHIReopening of the assessment u/s 147 of the Act – Disallowance made u/s 14A of the Act – held that:- Original assessment was completed u/s 143(3) and then again assessment order was made u/s 143(3) read with section 263 - the Assessing Officer had enquired about the rent receipts and had required the assessee to submit the name and addresses of tenants from whom rent was received - the assessee had submitted the complete details of rent received vide reply dated 27.9.2004 - The break up of rent is also available - From the break up it is found that the amount of Rs. 24,68,000/- has been reflected in this break up - The Assessing Officer during original assessment proceedings has treated an amount of Rs. 11,05,55,980/- as income from other sources instead of income from house property on the basis that the property was not owned by the assessee - The amount thus disallowed as income from house property consisted of property at DLF Centre as is apparent from the records where the detail of other property i.e. of Shri Ram School is also placed – thus, there was no failure on the part of assessee and therefore reopening on the basis of first reason was not justified. The assessee had furnished the break up of interest and dividend income - The assessee had received dividend income only from one company i.e. DLF Power Ltd. – thus, this information was also before the Assessing Officer before passing of the original assessment order as the assessee had submitted complete particulars to him and no further enquiries were sought by the Assessing Officer - Therefore, the reopening on account of second reason was also not justified as the full material facts were before Assessing Officer and there was no failure on its part – there was no infirmity in the order of the CIT(A) – decided against Revenue.
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