TMI Blog2019 (6) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... ing upon the assessee, therefore, no additions can be made in absence of any independent material. - Decided in favour of assessee Reopening of assessment u/s 147 - HELD THAT:- Reopening of the case on the basis of information received from the Investigation Wing which had searched the premises of Shri Bhikhubhai Padsala and seized certain documents. In our considered opinion, ld. A.O. was justified in issuing notice to the assessee on the basis of material was supplied by the Investigation Wing to the A.O. of the assessee. Therefore, we dismiss C.O s. of the assessee, it is pertinent to mention here that in connected appeal, we have given relief to the assessee by dismissing the appeal of the Revenue. - ITA. Nos: 963 to 965/AHD/2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 2. In this case, appellant had filed his original return showing total income of ₹ 3,24,920/- which was processed U/s. 143(1) of the Act. Thereafter, the case was reopened by issuing notice u/s 148 of the Act which was issued and served on 31.03.2013. The appellant objected to the reopening by his letter dated 10.03.2014 which was dealt with by AO by his letter dated 14.03.2014 stating that as some loose papers were found and seized from one Shri Bhikhubhai Padsala in the course of search action in his case wherein notings regarding cash receipts were found and as said Shri Bhikhubhai Padsala had accepted before Settlement Commission that such cash receipts were receipt pertaining to Jagatpur land, which were received from one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Shri Bhikhubhai Padsala. And further contended that Shri Bhikhubhai Padsala has categorically declared cash received from Shri Mukesh K. Patel and on his statement Hon ble Settlement Commission passed an order. 7. On the other hand, ld Senior Counsel, Shri S.N. Soparkar stated that nothing has been found from Shri Bhikhubhai Padsala which is in the handwriting of the assessee, no name has been mentioned of the assessee and there is no any kind of business/land deal taken place between the assessee and Shri Bhikhubhai Padsala and requested that in such cases, addition cannot be made. 8. On the direction of the Bench, assessee filed an affidavit before us stating on oath that they have not made any payment of Shri Bhikhubhai Pads ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me was filed by assessee for relevant assessment year - It was noted that Assessing Officer in reasons recorded, proceeded on erroneous footing that assessee had not filed return at all -It was not disputed by revenue that assessee did file return of income for year under consideration which was duly acknowledged by department - Further, Assessing Officer only conteded that cash deposits could only be verified through reassessment and he did not even contend that said cash deposits were not duly reflected in return filed, but that he wished to verify validity of such deposits - Whether reassessment notice for mere verification or for a fishing inquiry was not permissible - Held, yes [Paras 4 and 5] [In favour of assessee] 11. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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