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2016 (3) TMI 1388 - AT - Income TaxValidity of reopening of assessment - assumption of jurisdiction by the Id AO u/s 147 - Addition towards income from house property - HELD THAT:- No mention of the Annexure or reference to any material found during the course of search or any statement recorded of the seller or the broker in reasons recorded by AO for reopening of assessment It is also not mentioned that on which date the alleged cash have been paid by the assessee and to whom. It is also not available that from whose possession this information was found and what he had to say on these details. AO according to material available before us shows that based on the information received from the Investigation Wing notice u/s 148 has been issued. According to us the aforesaid reasons do not satisfy the requirement of section 147 as information referred to is very vague and without reference to any documents or statement. Even the Annexure which has been reproduced is not mentioned in the reasons, even otherwise this annexure cannot be considered as a material or evidence with prima facie shows or establishes a nexus which shows escapement of income. Further it is apparent that the AO did not apply his own mind to the information and examined either the builder or the broker on the alleged cash payment but accepted the information in a mechanical manner. Reopening is improper and illegal and therefore cannot survive. - Decided in favour of assessee.
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