TMI Blog2020 (7) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Aforesaid view is fortified by the following decision of Tajendra Kumar Ghai vs. ITO [ 2017 (6) TMI 491 - ITAT DELHI] wherein held belief of the AO should be based upon some specific and tangible material for the purpose of reopening of the assessment. The course adopted by the AO was wholly unjustified in recording the incorrect facts in the reasons for reopening of the assessment. - Decided in favour of assessee. - ITA No.264/DEL/2020 - - - Dated:- 5-5-2020 - Shri H.S. Sidhu, Judicial Member For the Assessee : Sh. Satyajit Goel, CA For the Department : Sh. C.P. Singh, Sr. Dr ORDER This appeal is filed by the Assessee against the impugned order dated 27.11.2019 for the assessment year 2011-12 on the following gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e qua non before passing of assessment order. iv) That in absence of issuance of mandatory notice u/ s 143(2), the assessment order passed u/ s 147 is illegal, invalid and not sustainable under the law. 3(i) That on facts and circumstances of the case, the Ld. CIT(A) was not justified in confirming addition of ₹ 13,78,850/- u/ s 69A of the Act being cash deposit in the bank account even though same is supported from relevant documents and there is no case of unexplained income. (ii) That deposit of ₹ 10,00,000/- is gift from maternal Grandfather and Grandmother and same being supported from relevant affidavit, the provisions of section 69 A are not applicable. (iii) The deposit of ₹ 3,78,850/- being out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T, Delhi SMC Bench order dated 07.6.2017 in the case of Tajendra Kumar Ghai vs. ITO 1(5), Rudrapur relevant for the assessment years 2011-12 2012-13. He requested that the addition in dispute may be deleted and reopening in dispute may be quashed by following the aforesaid order. 4. On the contrary, Ld. DR relied upon the orders passed by the revenue authorities. 5. I have heard both the parties and perused the orders passed by the revenue authorities alongwith the reasons for reopening the assessment u/s. 147 of the Act of the Assessee for the assessment year in dispute which the assessee has attached at Page No. 18-19 of the Paper Book and alognwith assessment order dated 19.12.2018 passed by the Assessing Officer u/s. 147 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar that the AO while recording the reasons for reopening of the assessment recorded incorrect facts in the reasons for reopening of assessment. Therefore reopening of the assessment u/s 147 is clearly invalid and bad in law. I rely decision of Hon'ble Punjab Haryana High Court in the case of CIT vs. Atlas Cycle Industries 180 ITR 319. Further the AO after obtaining the AIR information wanted to verify the same and issued a letter of enquiry to the assessee. The AO thus did not apply in his independent mind to the information received from AIR. Since no proceedings were pending before AO when he issued the letter of enquiry to the assessee, therefore such enquiry letter was not valid in eyes of law. The assessee was not required t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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