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2018 (1) TMI 1529 - ITAT DELHIReopening of assessment u/s 147 - borrowed satisfaction - reopening on the basis of report of the Investigation Wing without independent application of mind by the AO - addition u/s 68 - HELD THAT:- Reopening was made on the basis of the report of the Investigation Wing and there is no independent application of mind by the AO for such reopening. The Jurisdictional High Court in a number of cases has held that the reopening on the basis of report of the Investigation Wing without independent application of mind by the AO is not valid. Accordingly, the reassessment proceedings were held to be illegal. Since in the instant case the reopening has been made on the basis of report of the Investigation Wing and there is no independent application of mind by the AO for reopening of the assessment u/s 147 by issuance of notice u/s 148, therefore, the reassessment proceedings initiated by the AO is not proper. Therefore hold that the reassessment proceedings initiated by the AO is illegal and accordingly the subsequent proceedings also become illegal. Since the assessee succeeds on this legal ground, the other grounds being academic in nature are not being adjudicated. Appeal filed by the assessee is allowed.
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