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2016 (9) TMI 1285

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..... he order of the Delhi Bench of the Tribunal in the case Bir Bahadur Singh Sijwali vs. ITO (2015 (2) TMI 60 - ITAT DELHI) refer to the proposition that mere deposit in bank cannot lead to the conclusion, or even inference, that income has escaped assessment. - Decided in favour of assessee. - ITA No. 1498/Del/2015 - - - Dated:- 9-9-2016 - J. Sudhakar Reddy (Accountant Member) For the Assessee : Kapil Goel, Advocate For the Department : Anil Sharma, Sr. DR ORDER This appeal filed by the assessee is directed against the order of the CIT(A) dated 06.01.2015 for the assessment year 2008-09 on the following grounds:- 1. That on the facts and in the circumstances of the case and in law the Learned CIT (Appeal) erred in n .....

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..... under section 148 for the AY 2008-09. Sd/- (Anil Kumar Sharma) Income tax Officer Ward-1(5), Ghaziabad. Reasons to issue notice under section 148 12.03.2013 On the basis of AIR information that the assessee has deposited cash of ₹ 1593000/- in financial year 2007-08 in his Saving Bank Account verification letter F.No.AIR/ITO-(5)GZB/2012-13/dated 31.01.2013 was issued. The furnish his reply within 15 days of the receipt of the letter the assessee has deposited cash worth ₹ 1593000/- in his saving bank account and has not responded to the verification letter issued from this office. I have reason to believe that the amount of ₹ 1593000/- deposited in cash in the saving Bank account is esc .....

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..... n entries. The above conclusion is unhelpful in understanding whether the AO applied his mind to the materials that he talks about particularly since he did not describe what those materials were. Once the date on which the so called ITA No. 3602/Del/2010 C.O. No. 276/Del/2010 A.Y. 2000-2001 M/s Bawa Float Glass Limited 3 accommodation entries were provided is known, it would not have been difficult for the AO, 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, which must have been tendered along with the return, which was filed on 14th November 2004 and was processed under Section 143(3) of the Act. Without forming a prima facie opinion, o .....

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