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2015 (10) TMI 2424 - ITAT LUCKNOW

2015 (10) TMI 2424 - ITAT LUCKNOW - TMI - Reopening of assessment - Held that:- From the reasons recorded, nothing is borne out as to whether the Assessing Officer has applied his own mind with regard to the escapement of income chargeable to tax. We have carefully examined the orders of the ld. CIT(A) and we find that the ld. CIT(A) has adjudicated the impugned issue in the light of various judicial pronouncements in which it has been held that wherever the assessment is reopened on the sole ba .....

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14 - Dated:- 24-9-2015 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. A. K. GARODIA, ACCOUNTANT MEMBER For The Department : Shri. Amit Nigam, D.R. For The Assessee: Shri. Sanjay Saxena, C.A. ORDER PER SUNIL KUMAR YADAV: These appeals are preferred by the Revenue against the respective orders of the ld. CIT(A) annulling the assessment orders passed by the Assessing Officer under section 147/148/143(3) of the Income-tax Act, 1961 (hereinafter called in short the Act"). 2. Through cross o .....

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shares of M/s Lala Kashi Nath Seth Jewellers Pvt. Ltd. in the case of Smt. Anupama Seth and of M/s Rohit Fin Cap Securities in the case of Shri. Bharat Chandra Seth. The Assessing Officer accordingly completed assessment under section 143(3) read with 147 of the Act resulting into addition on account of investment in shares. 4. The assessees preferred appeals before the ld. CIT(A) assailing the validity of the assessment orders on the ground that the assessments were reopened on the basis of inf .....

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adjudicate the issue with regard to validity of reopening of assessment. On merit also the order of the ld. CIT(A) was set aside and the ld. CIT(A) was directed to adjudicate the appeal on merit also on the point of additions. 6. Consequently, the ld. CIT(A) has decided the appeal on the point of validity of reopening of assessment and has annulled the assessment on the ground that the Assessing Officer has reopened the assessment on the basis of report of the ADI without applying his own mind. .....

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he assessment with the submission that in the reasons recorded,the Assessing Officer has simply reproduced the information received from the Director of Income Tax vide his letter dated 31.3.2005. After reproducing the contents of the letter with the reasons recorded, the Assessing Officer has issued notice under section 148/147 of the Act. Therefore, from the reasons recorded nothing is borne out as to whether the Assessing Officer has applied his mind or not. Since the Assessing Officer has no .....

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Assessing Officer has simply recorded the information received from the ADI and after recording the contents of the letter, he simply issued notice under section 148 of the Act for reopening the assessment. From the reasons recorded, nothing is borne out as to whether the Assessing Officer has applied his own mind with regard to the escapement of income chargeable to tax. We have carefully examined the orders of the ld. CIT(A) and we find that the ld. CIT(A) has adjudicated the impugned issue i .....

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s not valid. The ld. CIT(A) has adjudicated the issue in detail in his order in the light of various judicial pronouncements and for the sake of reference, we extract the same as under in the case of Smt. Anupama Seth:- I have carefully considered the detailed submissions of the AR for the appellant and also gone through the order of the ITAT. It is seen that the assessment in the case of the Smt Anupma seth and Shri Bharat Chandra Seth were completed u/s 143(3)7147 vide order dated 20.12.2007 a .....

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ing any material except the letters received from the investigation wing and the jurisdiction over the case was lying with the ITO Shahjahanpur. The AR further mentioned in his written submissions that, "The ADIT, Kanpur had not enquired from Shri Pramod Chandra Seth. The source of source is not required to be proved by the assessee as held by the Allahabad High Court in the case of CIT vs. Lauharmal Goel (2005) 147 Taxman 448 and CIT vs. S. Kamaljeet Singh (2005) 147 Taxman 18 (Alld). Thus .....

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g in view the entirety of the facts and circumstances, detailed written submission of the AR for the appellant and also the order of the ITAT (supra), it is clear that at the time of issuing notice u/s 148 in these cases the AO was only having the report of the ADII Kanpur.. Thus it is clear that there was only reason to suspect on the basic of the report of the ADL. From the reasons of re-assessment, it is clear that there is only mention of ADI, Kanpur's report without any independent opin .....

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