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TMI Blog2020 (6) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... ' for short] which, according to him, is not as per the provisions of law and secondly, the assessee is aggrieved by the addition of Rs. 19,19,333/- made by the Assessing Officer in respect of cash found to be deposited in the Savings Bank Account. 3. Facts are that, as per the AIR information, it came to the knowledge of the Assessing Officer that the assessee has deposited a sum of Rs. 19.19 lakhs in his SB Account maintained with Bank of India, Mehroli, Ghaziabad. Accordingly, notice u/s 148 of the Act was issued alongwith other statutory notices. None attended the assessment proceedings and no return was filed in response to notice u/s 148 of the Act. The Assessing Officer proceeded to complete the assessment ex parte. Cash deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per book. The undisputed fact is that in the proforma for recording reasons for initiating proceedings u/s 148 of the Act under Item No. 8A, the question is "Whether any voluntary return had been filed" and the answer is mentioned as "No". Whereas Exhibit Nos. 6 and 7 show that the return of income was field with Ward 2(1), Ghaziabad on 30.03.2010 and notice u/s 148 is dated 03.02.2016. 10. This clearly shows that the Assessing Officer issued notice mechanically without applying his mind. Such action of the Assessing Officer did not find any favour with the Hon'ble High Court of Delhi in the case of RMG Polyvinyl [I] Ltd 396 ITR 5. The relevant facts of that case are as under: "4. Notice under Section 147 of the Act was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee has not filed return of income for the A. Y. 2004-05 and consequently has not offered any income for taxation. Sources of the transactions are not explained. I, therefore, have reason to believe that on account failure on the part of the assessee to disclose truly and fully all the material facts necessary for assessment for the above assessment year, the income chargeable to tax to the extent of accommodation entry of Rs. 1,56,00,000 has escaped assessment within the meaning of section 147 of I.T. Act. 1961. To bring to tax the income which has escaped assessment, I proposed to issue notice u/s. 148 of the I.T. Act. 1961. Since, four years has expired from the end of the relevant assessment year, and no scrutiny assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poses of completion of proceedings." 7. In para 3.1 of the above assessment order, the AO has set out the information received from the Investigation Wing regarding the alleged bogus accommodation entries pertaining to 16 entities which sum in the aggregate works out to Rs. 78 lakhs. 8. Mr. Ruchir Bhatia, learned Senior Standing Counsel for the Revenue, relied on the decisions in Income-Tax Officer v. Selected Dalurband Coal Co. Pvt. Ltd. (1996) 217 ITR 597 and ITO v. Purushottam Das Bangur (1997) 224 ITR 362 to urge that at the stage of reopening of the assessment, the AO is not expected to undertake any detailed inquiry; it was sufficient if on the basis of the information received he was prima facie satisfied that a case was made out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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