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2020 (6) TMI 822 - ITAT DELHIReopening of assessment u/s 147 - reason to believe - link between the tangible material and the formation of the reasons to believe that income had escaped assessment - cash found to be deposited in the Savings Bank Account - HELD THAT:- As in the proforma for recording reasons for initiating proceedings u/s 148 of the Act under Item No. 8A, the question is “Whether any voluntary return had been filed” and the answer is mentioned as “No”. Whereas Exhibit Nos. 6 and 7 show that the return of income was field with Ward 2(1), Ghaziabad on 30.03.2010 and notice u/s 148 is dated 03.02.2016. This clearly shows that the AO issued notice mechanically without applying his mind. Such action of the Assessing Officer did not find any favour with the Hon'ble High Court of Delhi in the case of RMG Polyvinyl [2017 (7) TMI 371 - DELHI HIGH COURT] Assessing Officer has wrongly assumed jurisdiction and accordingly, notice u/s 148 of the Act is hereby quashed thereby quashing the assessment order.- Decided in favour of assessee.
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