TMI Blog2019 (10) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... not at all been verified by the ld AO. In view of this on the above reasons recorded by the ld AO, we do not upheld the reassessment proceedings initiated by the ld AO thus, on the issue of reopening u/s 147 we reverse the finding of the lower authorities and allow ground 1 of the appeal of assessee. - ITA No. 6809/Del/2018 - - - Dated:- 22-10-2019 - Shri Amit Shukla, Judicial Member And Shri Prashant Maharishi, Accountant Member Assessee by : Shri Gautam Jain, Adv Shri Lalit Mohan, CA Revenue by: Shri S. L. Anuragi, Sr. DR ORDER Prashant Maharishi, 1. This is an appeal filed by the assessee against the order of the ld CIT(A), Rohtak dated 30.08.2018 for the Assessment Year 2009-10. 2. The assessee has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee challenged the same before the ld CIT(A), she challenged the reopening of the assessment as well as the addition on the merits of the case. The ld CIT(A) dismissed the appeal of the Assessee. The assessee is in appeal before us. 4. The ld AR submitted detailed paperbook and stated that the assessee has filed the objections before the ld AO on 23.12.2016 which is placed at page No. 14 to 16 of the paper book against the reopening of the assessment. He submitted that the ld AO without disposing off these objections has proceeded to pass the assessment order. He further submitted that the reasons recorded by the ld AO are without any application of mind but is a borrowed satisfaction as the action has been taken mechanically on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Admittedly, in this case the assessee has filed her return of income on 27.03.2010 whereas the ld AO has mentioned that same was filed on 07.07.2009. The assessee has filed her return of income for ₹ 276689/- whereas the ld AO has stated the income of ₹ 183110/-. Thereafter, the ld AO proceeded on same information received from Office of Pr. Director of Income Tax that Assessee is a beneficiary who contrived loss, who shifted out through client code modification. The AO further recorded that the Assessee has created non genuine loss amounting to ₹ 398521/-. However, infact the Assessee has shown the profit of ₹ 186954/-. Thus, on all these composite discrepancies recorded in the reasons recorded, it is apparent tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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