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2022 (9) TMI 246 - AT - Income TaxReopening of assessment u/s 147 - Unexplained cash deposits - HELD THAT:- As recorded by the AO that various opportunities were given to the assessee. There is no dispute with regard to the fact that the lower authorities have made addition on the basis that the assessee could not explain the source of cash deposits. It was stated before the lower authorities that the account was jointly held with wife of the assessee hence, the entire amount could not have been attributed. Assessee ought to have been given a proper hearing by the lower authorities to explain the source of cash deposits. It was stated by the assessee that the bank account in which the cash was deposited was jointly held with wife of the assessee. Admittedly the AO did not issue any notice to other joint holder of the account i.e. spouse of the assessee. Assessment was re-opened without application of mind. Moreover, Ld.CIT(A) also did not verify the correctness of the claim of the assessee. Under these facts, the impugned addition made by re-opening of the assessment, is not justified. Hence, the impugned addition is hereby, deleted. Thus, grounds raised by the assessee in this appeal are allowed.
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