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TMI Blog2016 (3) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... erred in rejecting appellant's contention that assessment order made by Assessing Officer was bad in law and void ab-initio. 2. That without prejudice, on the facts and circumstances of the case and in law, the Commissioner of Income Tax(Appeals)-XXXIII, New Delhi erred in upholding the assumption of jurisdiction u/s 147 by the Assessing Officer and in making the assessments in pursuance thereof. 3. That on the facts and circumstances of the case and in law, the Commissioner of Income Tax(Appeals)-XXXIII, New Delhi erred in confirming the addition of Rs. 25 lacs made by Assessing Officer u/s 68 of the Income Tax Act,1961. 3.1 That on the facts and circumstances of the case and in law, the Commissioner of Income Tax(Appeals)-XXXII ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed AR submitted that the reasons recorded under sec. 148(2) of the Income-tax Act, 1961 in the present case are based on "borrowed satisfaction" of a colleague ACIT, Central Circle-19, New Delhi, hence, the very initiation of proceedings under sec. 147 of the Act is bad in law. 4.1 The Learned AR contended further that there was no application of her own mind by the Assessing Officer for formation of belief herself that income had escaped assessment as it is very much evident from the reasons recorded that her action was solely based upon the information received from her colleague. 4.2 In support, the Learned AR referred the contents of the reasons recorded and reproduced at page No.2 of the assessment order. 4.3 The Learned AR submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ior DR contended that sufficiency of application of mind is not required to be considered at the stage of recording of reasons. 6. Having gone through the above cited decisions, especially the recent decisions of Hon'ble jurisdictional High Court of Delhi in the case of CIT vs. G&G Pharma India Ltd. (supra), we find that the Hon'ble High Court after detailed discussion on the issue and after discussing several decisions cited before the Hon'ble Court has been pleased to come the following conclusion vide para Nos. 12 and 13 of the decision, which are relevant to adjudicate upon the issue raised before us in the present case, are being reproduced hereunder: "12. In the present case, after setting out four entries, stated to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the A.O. must apply his mind to the materials in order to have reasons to believe that the income of the assessee escaped assessment is missing in the present case. 13. Mr. Sawhney took the court through the order of the Learned CIT(Appeals) to show how the CIT(A) discussed the materials produced during the hearing of the appeal. The court would like to observe that this is in the nature of a post mortem exercise after the event of reopening of the assessment has taken place. While the CIT may have proceeded on the basis that the reopening of the assessment was valid, this does not satisfy the requirement of law that prior to the reopening of the assessment, the A.O. has to apply his mind to the materials, conclude that he has reason t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta admitted that he had been providing accommodation entries to various persons/beneficiaries through a large no. of shell companies/concerns floated by & effectively controlled by him. He operated a number of accounts in the same bank/branch or in different branches, in the names of these shell companies/concerns. After receiving cash from the beneficiaries, Sh.S.K. Gupta used to deposit the same in the bank account of one of the these shell companies/concerns. Then he used to route the entries through two to four accounts of these shell companies/concerns before ultimately- transferring same to the bank accounts of tire beneficiaries to give the color of genuineness to these transactions. 3. Further, as per the information received from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind to the materials that he talks about particularly since he did not describe what those material were. Hon'ble High Court has observed further that once the date on which the so-called accommodation entries were provided is known, it would not have been difficult for the Assessing Officer, if he had in fact undertaken the exercise, to make a reference to the manner in which those very entries were provided in the accounts of the assessee. It was held that without forming a prima facie opinion, on the basis of such material, it was not possible for the Assessing Officer to have simply concluded, "it is evident that the assessee company has introduced its own unaccounted money in its bank by way of accommodation entries. The basic re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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