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2018 (6) TMI 884 - ITAT DELHIValidity of re-opening the assessment u/s 147 - non independent application of mind by AO - reopening on borrowed knowledge - Held that:- The facts are similar to the facts before judgement of Hon’ble Delhi High Court in Signature Hotels Pvt. Ltd. Vs. ITO [2011 (7) TMI 361 - DELHI HIGH COURT] where it is held that there is no reference to the document or statement except the letter of the Investigation Wing, which has been quoted in the reasons. The Annexure also does not show prima facie or establishes nexus for link which discloses escapement of income. AO did not apply his own mind to the information and examined the basis and material or the information - hence following the decision of the Hon’ble Delhi High Court, we also hold that re-opening in this case also does not satisfy provisions of section 147 - also CIT(A) has held that assessee has not filed any return of income. However, when we look at the assessment order, the addition made by the AO is to the original returned income of ₹ 1,52,100/-. Therefore, this finding of the learned CIT(A) is not in conformity with the records - hence the assessment order passed by the AO holding that re-opening u/s 147 is not valid - Decided in favor of assessee.
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