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2019 (11) TMI 808 - ITAT DELHIReopening u/s 147/148 - addition as deemed income u/s 69A - HELD THAT:- Comparing the reasons for reopening of the assessment for A.Y. 2007-2008 and 2012- 2013 [2017 (9) TMI 1229 - ITAT DELHI] , it is clear that A.O. has recorded incorrect facts in the reasons for reopening of the assessment which are factually incorrect, contradictory and vague. A.O. did not verify the report received from Investigation Wing and did not apply his mind to the information as well as facts of the case. In A.Y. 2007-2008 on the identical reasons, the Division Bench of the Tribunal did not approve the reopening of the assessment in the matter and quashed the same vide Order Dated 19.09.2017 (supra). The issue is, therefore, covered in favour of the assessee by the Order of the Tribunal in the case of same assessee for A.Y. 2007-2008 (supra). There is no link between material and formation of opinion that income escaped assessment. There is no independent application of mind to the information received from Investigation Wing and no prima facie opinion have been formed, therefore, re-assessment is invalid - all the additions stand deleted. Appeal of the assessee allowed.
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