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2019 (4) TMI 498 - ITAT DELHIReopening of assessment u/s 147 - whether AO can travel beyond the subject matter of the reasons recorded for reopening the assessment if no addition qua alleged reasons was made? - HELD THAT:- When undisputedly the AO has not made any addition qua the income alleged to have escaped assessment as per reasons recorded, he had no jurisdiction to make reassessment on other items for which reopening was not initiated. When the AO has accepted the explanation made by the assessee as to the alleged escapement of income and has not made any addition there on, initiation of proceedings qua other subjects has ceased to survive. So, we are of the considered view that other additions made by the assessee which were not the subject matter of the reasons recorded, are not sustainable. So, Ground determined in favour of the assessee. Addition on substantive basis - unexplained income taken in the form of share application money - HELD THAT:- Protective addition has been deleted by the CIT(A) wide impugned order which has been challenged by the Revenue by way of filing cross appeal. But again for the sake of repetition, we are of the considered view that since items of these additions were not subject matter of the reasons recorded / reopening, the addition per se cannot survive, as has been held by Hon’ble Delhi high court in Ranbaxy Laboratories Ltd. [2011 (6) TMI 4 - DELHI HIGH COURT ]. Consequently, Grounds determined in favour of the assessee
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