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2017 (2) TMI 508 - AT - Income TaxReopening of assessment - unexplained investment - procedure followed for affixture of notice not followed - Held that:- The address on which the notice was affixed was not the address of assessee, neither in the past nor later. As seen from the written submissions and the copies placed on record of returns filed, the address of assessee was 8-2-686/8/2, Road No. 12, Banjara Hills, Hyderabad. The same address was also stated in the sale deeds placed on record. From where the AO got the address of 195/A, Road No. 13, White House, Jubilee Hills, Hyderabad was not known. How it was the last known address was not answered by the Ld.CIT(A), who examined the record as stated in para 8.2, while confirming on merits. Since the procedure followed for affixture of notice is not proper, assessment completed in pursuance of an invalid note is not valid. Even on merits, it is not clear how the information was received, the basis of the same as assessee was not given any opportunity. Neither the so called statement was furnished nor the cross-examination of the person was provided. Even the Ld.CIT(A) did not examine how the said ‘Manasa Estates’ came into picture when the document indicates that the monies were received through ‘Janmabhoomi Estates’. Since the very basis for addition is not reliable, the addition per se cannot be sustained. - Decided in favour of assessee
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