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2017 (5) TMI 199 - AT - Income TaxReopening of assessment - AO reopened the case only on the basis of the investigation record - Held that:- There is no dispute to the fact that the Assessing Officer has acted upon the basis of investigation report as is evident from the reasons recorded hereinabove and no independent application of mind was made. There is no statement on oath and letters of admission which were given to the assessee in spite of repeated request made and also the learned DR could not produce such statement on oath and letters of admission. In such circumstances and facts of the case, Assessing Officer does not acquire any jurisdiction to make assessment / re-assessment u/s.147/148 of the Act. See Signature Hotels P. Ltd. vs. Income Tax Officer [2011 (7) TMI 361 - Delhi High Court] - Decided in favour of assessee
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