TMI Blog2017 (4) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed u/s 147 of the Act is directed to be quashed. - Decided in favour of assessee. - ITA No. 5394/DEL/2016 - - - Dated:- 27-4-2017 - SHRI B.P. JAIN, ACCOUNTANT MEMBER For the Appellant : Shri Anoop Sharma, Adv, Shri Sanjay Parashar, Adv For the Respondent : Ms. Bedobani Chaudary, Sr. DR ORDER This appeal of the assessee arises from the order of the CIT(A), Ghaziabad vide order dated 28/09/2016 for A.Y. 2008-09. 2. The ld. Counsel for the assessee, at the very outset, argued Ground No. 1, which is a legal one and the same is reproduced as under: 1. That the ld. Commissioner of Income Tax (Appeals) erred in law, on facts and in the surrounding circumstances of the case in failing to examine, on her own, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l contentions and perused the facts of the case available on record. It is not in dispute that cash to the extent of ₹ 10,16,000/- has been deposited in the savings bank account of the assessee and there is no material on record to form a belief that income has escaped assessment. Reliance has been placed on the decision of the ITAT Delhi A Bench in the case of Bir Bahadur Singh Sijwali Vs. ITO in ITA No. 3814/DEL/2011 order dated 20th January 2015. The relevant operative part in paras 8 and 10 of the order is reproduced hereinbelow: 8. Let us, in the light of this legal position, revert to the facts of the case before us. All that the reasons recorded for reopening indicate is that cash deposits aggregating to ₹ 10,24,100 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a case, no matter how desirable that be, unless there is a reason to believe, rather than suspect, that an income has escaped assessment. 10. In view of the reasons set out above, as also bearing in mind entirety of the case, we are of the considered view that the reasons recorded by the Assessing Officer, as set out earlier, were not sufficient reasons for reopening the assessment proceedings. We, therefore, quash the reassessment proceedings. As the reassessment itself is quashed, all other issues on merits of I.T.A. No.: 3814/Del/11 Assessment year: 2008-09 the additions, in the impugned assessment proceedings, are rendered academic and infructuous. 7. The said decision of the ITAT Delhi Bench has been followed by the ITAT Amri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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