TMI Blog2014 (4) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... information for the purpose of reopening of assessment u/s 147.Such a reopening which is based on merely upon the opinion of the DVO was held to be bad in law. Neither any information nor any such material was in possession of the Assessing Officer from which it could have been gathered that the income of the assessee has escaped assessment nor the Assessing Officer rejected the books of account of the assessee. The addition was made only on the basis of information / estimation of the DVO, which per se, is not an information for the purpose of reopening of assessment u/s 147 - Decided in favour of assessee - ITA No. 579/Chd/2012 Assessment Year : 2003-04 - - - Dated:- 28-4-2014 - Shri T.R. Sood And Shri. Sanjay Garg, JJ. Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of Hon ble Supreme Court has been totally ignored that no case could be reopened on the basis of DVO s report as held by the Supreme Court in the case of ACIT vs Dhariya Construction Company as reported in 236 CTR 226. 5. Notwithstanding the above said ground of appeal, the CIT(A) s order in upholding that addition of ₹ 5,28,353/- was not called for on the basis of difference in the estimated investment as pointed out by the DVO to the tune of ₹ 5,28,353/- 6. That the CIT(A) has also erred in ignoring the binding judgment of Hon ble Supreme Court in the case of Sargam Cinema vs. CIT as reported in 241 CTR 179 as cited before him that since no defects have been pointed out in the books of accounts and the reliance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Representatives of both the sides and have also gone through the records. From the perusal of the record, it reveals that the Assessing Officer had not any other information or reason to believe that the income disclosed by the assessee had escaped assessment except the report of the DVO. The reopening was made merely on the basis of estimation of investment made by the DVO. The Hon'ble Supreme Court in the case of ACIT Vs. Dhariya Construction Company (2010) 328 ITR 515 (SC) has held that the opinion of the DVO per se is not an information for the purpose of reopening of assessment u/s 147 of the Income Tax Act. Such a reopening which is based on merely upon the opinion of the DVO was held to be bad in law. Similarly, in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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