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2019 (2) TMI 150 - ITAT DELHIReopening of assessment - addition u/s 68 - reason to believe escapement of income - Held that:- As regards non-compliance of section 151(2) of the Act, we find that the Assessing Officer has taken requisite sanction from the competent authority to issue notice u/s. 148, which is placed at record. As regards the satisfaction of the AO, after taking steps to verify the cash deposit, in which the assessee did not cooperate, and after recording the reason to believe, the Assessing Officer has categorically mentioned in the reasons recorded that “I, therefore, consider that it is a fit case for issue of notice u/s. 148 The assessee has miserably failed to discharge the onus that lay on her by section 68 of the Act. The creditworthiness of the creditors does not stand proved by any cogent evidence on record. Mere bald statements of Gopal Gautam that he deposited the sum of ₹ 5 lakhs to the account of assessee after getting the amount from his father or mother, is not supported by any corroborative evidence and no proof of creditworthiness of other two creditors is also available on record. In presence of all these peculiar facts and circumstances of the present case, the decisions relied by the assessee in several cases have rightly not been considered as relevant to the case of assessee. We also do not find any credible material on record from the side of assessee to discard the findings reached by the ld. Authorities below. - Decided against assessee
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