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2014 (4) TMI 1241 - AT - Income TaxReopening of assessment based upon the opinion of the DVO - addition of the difference of amount as disclosed by the assessee and the amount estimated by the DVO - non independent application of mind by AO - HELD THAT:- AO had not any other information or reason to believe that the income disclosed by the assessee had escaped assessment except the report of the DVO. The reopening was made merely on the basis of estimation of investment made by the DVO. The Hon'ble Supreme Court in the case of ACIT Vs. Dhariya Construction Company [2010 (2) TMI 612 - SUPREME COURT OF INDIA] has held that the opinion of the DVO per se is not an information for the purpose of reopening of assessment u/s 147.Such a reopening which is based on merely upon the opinion of the DVO was held to be bad in law. Neither any information nor any such material was in possession of the Assessing Officer from which it could have been gathered that the income of the assessee has escaped assessment nor the Assessing Officer rejected the books of account of the assessee. The addition was made only on the basis of information / estimation of the DVO, which per se, is not an information for the purpose of reopening of assessment u/s 147 - Decided in favour of assessee
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