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2016 (7) TMI 1621 - AT - Income TaxReopening of assessment u/s 147 - non independent application of mind - receiving information from the Investigation Wing, New Delhi that assessee is one of the beneficiaries of the bogus accommodation entries initiated reopening of assessment - whether AO can initiate proceedings u/s 147/148 of the Act on the basis of certain communication received from his superior revenue authorities, namely, Addl. Director of Income-tax (Inv.), Unit-1, New Delhi? - HELD THAT:- As decided in CHHUGAMAL RAJPAL[1971 (1) TMI 9 - SUPREME COURT] it was not satisfied that the ITO had any material before him which could satisfy the requirements under Section 147 and therefore could not have issued notice under Section 148. Similar issue has cropped up before the ITAT, Delhi Bench ‘H’ in M/s. USG Buildwell Pvt. Ltd. [2021 (3) TMI 518 - ITAT DELHI] wherein addition was made by the AO on the basis of similar intimation sent by ACIT, Central Circle 19, New Delhi on the basis of survey operation conducted in S.K. Gupta Group cases on 20.11.2007 and the coordinate Bench came to the conclusion that the AO has not applied his mind on the information received form ACIT as required u/s 147 of the Act and as such, assessment framed u/s 147 read with section 143(3) is not sustainable - Decided in favour of assessee.
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