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2022 (7) TMI 395 - ITAT DELHIReopening of assessment u/s 147 - unexplained money u/s 69A - HELD THAT:- It is evident based on AIR information indicating that the assessee had made investment of Rs.18 lakhs in fixed deposits with Bank of India, the AO reopened the assessment under section 147 - In course of assessment proceeding, the assessee furnished documentary evidence and submitted that the fixed deposit made is of Rs.3 lakhs and not 18 lakhs. On cross verification with the bank, the AO having found assessee’s claim to be correct did not make any addition of the fixed deposits. Whereas, he made addition of deposits made in some other bank accounts while completing the assessment. The issue arising for consideration is, whether without assessing the income for which the assessment was reopened under section 147 can AO make other addition. The answer to the aforesaid question certainly will be in the negative. In case of CIT Vs. Jet Airways (I) Ltd. [2010 (4) TMI 431 - HIGH COURT OF BOMBAY] while dealing with an identical issue, has held that without assessing the income, for which the assessment was reopened, the AO cannot assess any other item of income. No hesitation in holding that the addition made is unsustainable. Accordingly, delete the addition. Ground is allowed.
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