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2019 (3) TMI 555 - ITAT DELHIReopening of assessment - undisclosed income of assessee under section 68 - lack of mind while recording the reasons for reopening of the assessment - non independent application of mind - borrowed knowledge - HELD THAT:- Non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. He has recorded incorrect amount which escaped assessment. His conclusion was merely based on observations and information received from DIT (Inv.), New Delhi, which is not brought on record and his conclusion is merely based on doubts because he was not sure whether transaction in question is genuine or not. Therefore, the decisions relied upon by the Learned Counsel for the Assessee squarely apply to the facts and circumstances of the case. The decisions relied upon by the Ld. D.R. would not support the case of the Revenue. Since, there is a total lack of mind while recording the reasons for reopening of the assessment, therefore, assumption of jurisdiction under section 147/148 of the I.T. Act, 1961, is bad and illegal. The A.O. was not justified in assuming jurisdiction under section 147/148. Reopening of the assessment in the matter is bad in law and illegal, as such, same cannot be sustained in law - Decided in favour of assessee
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