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2018 (9) TMI 1402 - AT - Income TaxReopening of assessment - non specification of reasons - addition u/s 68 - other addition apart from information received - Held that:- AO himself has noted that assessee had furnished PAN and had also furnished information regarding filing of original return of income. AO wanted assessee to furnish source of cash deposits to which assessee did not reply. As find that AO should have applied his mind from the documents already on record and should have compared the information which was in his possession and only after verifying such information should have arrived at the conclusion regarding escapement of income. The mere deposit of cash in the bank account cannot give rise to a belief of Assessing Officer that income had escaped assessment as the cash deposit can be from any other source other than income. Such satisfaction was needed by the Assessing Officer which has not been made. Assessing Officer has not made any addition on account of cash deposits in the bank and has made addition on other grounds which fact is verifiable from assessment order. Lucknow Bench of the Tribunal in the case of Anita Srivastava vs ACIT [2018 (2) TMI 1774 - ITAT LUCKNOW]has held that where a case has been reopened u/s 148 on account of some information and if addition is not made on account of that information then no other addition can be made on any other ground. Thus quash the assessment order as the notice issued u/s 148 is void ab initio and assessment is also void ab initio therefore, all the proceedings are illegal. - Decided in favour of assessee.
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