TMI Blog2018 (6) TMI 1655X X X X Extracts X X X X X X X X Extracts X X X X ..... DIA VERSUS ITO 1 (5) RUDRAPUR [ 2017 (6) TMI 491 - ITAT DELHI] - Appeal of the assessee is allowed. - ITA.No.3177/Del./2017 Assessment Year 2007-2008 - - - Dated:- 1-6-2018 - Shri Bhavnesh Saini, Judicial Member For Assessee : Shri Somil Agarwal, Advocate For Revenue : Ms. Ashima Neb, Sr. D.R. ORDER This appeal by assessee has been directed against the order of the Ld. CIT(A)-16, New Delhi, dated 06th March, 2017, for the A.Y. 2007-2008. 2. Briefly, the facts of the case are that in this case notice under section 148 for reopening of the assessment was issued on 21.02.2014 after obtaining the approval of JCIT, New Delhi. The assessee in response to the notice, filed return of inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk account of the assessee. Appeal of the assessee has been dismissed. 5. The assessee in the present appeal challenged the reopening of the assessment as well as addition of ₹ 14,75,000/-. Learned Counsel for the Assessee submitted that assessee obtained reasons for reopening of the assessment under RTI Act, 2005, copy of which is filed on record, in which, A.O. has recorded reasons for reopening of the assessment. The same reads as under : As per information available in ITD System of the Income Tax Department, Sh Abrar Ahmad Qasimi during the financial year 2006-07 relevant to A.Y. 2007-08 has made cash deposit of ₹ 14,75,000/- in saving bank account. The assessee has not filed Tax return for A.Y. 2007-08. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Arvind Yadav (supra) considering the identical facts held that the deposit in the bank account per se cannot be the income of the assessee. This is a mere suspicion of the A.O. based on incorrect fact that income chargeable to tax has escaped assessment and accordingly, quashed the reopening of the assessment. The findings of the Tribunal in para 8 of the Order are reproduced as under : 8. In this case the Assessing Officer after obtaining the AIR information wanted to verify the same and issued a letter of enquiry to the assessee. The Assessing Officer thus did not apply his independent mind to the information received from AIR. Since no proceedings were pending before the Assessing Officer when he issued a letter of enquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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