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2023 (2) TMI 752 - ITAT DELHIReopening of assessment u/s 147 - reopening on different item of income - assessment was reopened alleging that loan availed is non-genuine, hence, has escaped assessment - addition of cash deposited in the account held with ICICI bank by treating it as unexplained - HELD THAT:- It is fairly well settled that while making assessment u/s 147 Assessing Officer has power to make addition of any other item of income which comes to his notice in course of the assessment proceedings along with the item of income for which assessment was reopened. Without making addition of the escaped income, no other addition can be made. Whereas, in the facts of the present appeal, the Assessing Officer without making addition of the loan availed for escapement of which the assessment was reopened has added a completely different item of income, being cash deposited in the bank account. Therefore, the addition made is unsustainable. Accordingly, direct the Assessing Officer to delete the addition. Appeal of assessee allowed.
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