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2022 (7) TMI 1084 - AT - Income TaxReopening of assessment u/s 147 - information received from Investigation Wing - information received from the Investigation Wing that the assessee has accepted accommodation entry - Addition u/s 68 - HELD THAT:- It is obvious from the reasons recorded by the AO for reopening the assessment under section 147 that notice under section 148 has been issued to the assessee only on the basis of the information received from Investigation Wing. Under identical facts and circumstances of the case, the Tribunal has consistently held that the reassessment proceedings are not valid. In the assessee’s own case for AY 2010-11. Since the facts of the case are identical to the facts of the case decided by the Tribunal in the case of Nihal Chand Rakyan [2017 (12) TMI 1813 - ITAT DELHI] as also in the assessee’s own case we hold that the reassessment proceedings initiated by the Ld. AO is invalid. Therefore, assessment framed consequent thereto is ab-initio-void. In the result, appeal filed by the assessee is allowed on the issue of validity of the reassessment proceedings. Since the assessee succeeds on this legal ground, we refrain from adjudicating the issues on merit. - Decided in favour of assessee.
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