TMI Blog2023 (6) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) TMI 1176 - GUJARAT HIGH COURT] has clearly set out that the AO cannot reopen the assessment which was already been verified by the AO. Thus, the reasons recorded here are not justified by the authority. Hence, the assessment itself is void ab initio - Decided in favour of assessee. - I.T.A. No. 507/Ahd/2017 - - - Dated:- 14-6-2023 - Ms. Suchitra Kamble, Judicial Member For the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of Financial Year 2007-08 the assessee made deposit of Rs. 24,06,100/- with the Bank of India, Gandhinagar. The assessee filed return of income on 29.01.2009 declaring income of Rs. 1,31,300/- only. The assessee s case was reopened and notice under Section 148 of the Act was issued on 30.03.2015. In response to the notice, the Authorized Representative of the assessee furnished details whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ather than was escapement of income. Thus, on this ground the Ld. A.R. challenges the validity of the Assessment Order. The Ld. A.R. relied upon the decision of Hon ble Gujarat High Court in case of PCIT vs. Manzil Dineshkumar Shah 406 ITR 326 (Gujarat) which was confirmed by the Hon ble Apex Court (2019) 101 taxmann.com 259 (SC). 6. The Ld. D.R. relied upon the assessment order and the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome chargeable to tax has escaped assessment, the Court would have readily allow him to reassess the income. In the present case however, he recorded that the information required deep verification. In plain terms therefore, the notice was being issued for such verification. His later recitation of the mandatory words that he believed that income chargeable to tax has escaped assessment, would n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons behind it. 12. Both these Tax Appeals are dismissed. Thus, the reasons recorded here are not justified by the authority. Hence, the assessment itself is void ab initio. Therefore, Ground No. 1 is allowed. 8. As Ground No. 1 has been dealt in favour of the assessee and therefore, there is no need of adjudication of Ground No. 2 as the same is on merit and the assessment itself is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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