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2018 (5) TMI 247 - ITAT HYDERABADReopening of assessment - service of notice u/s. 148 by way of affixture and non-return of books impounded - Held that:- As seen from the report of the ITI, the ITI records that the above address is the last known address given in the return of income for the AY. 2009-10 whereas proceedings are initiated for AY. 2009-10; which itself throws some doubt about veracity of the report of the ITI. Moreover even though there are two signatures of so called witnesses- neither their names nor their addresses have been placed on report, therefore, the veracity of the witnesses evidencing the service by affixture cannot be verified. The procedure followed by the AO to get the notices by way of affixture itself shows some doubt about the whole procedure. Unexplained investment - Held that:- Since there is no basis for the disclosure of amount of ₹ 50 Lakhs, the same cannot be brought to tax, just because assessee has disclosed the same by way of letter. In view of that, we are not in a position to appreciate the addition made by the AO. - Decided in favour of assessee
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