TMI Blog2023 (10) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... AO has proceeded to reopen the assessment assuming that the assessee has not filed his return of income for the assessment year under dispute, clearly reveals non-application of mind by the AO to the facts and materials on record. On perusal of return of income and the computation of income filed by the assessee, it is evident that the assessee has considered the income derived from sale of property credited to the bank account. That being the factual position emerging on record, in our view, reopening of assessment appears to be without proper application of mind and based on conjectures and surmises. There is no live link between the materials available on record and the formation of belief. Therefore FAA was justified in holding the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was part of record available with Ld. CIT(A) and in turn, his decision is perverse on facts? 4. Whether on the facts and circumstances of the case, Ld. CIT(A) has erred in not adjudicating the case on merits through a speaking order? 5. Whether on the facts and circumstances of the case, Ld. CIT(A) has erred in accepting the submissions of the assessee without any supporting documents when reasons of addition for non-submission of supporting documents were clearly recorded in the assessment order? 6. The appellant craves to add, amend, modify or alter any grounds of appeal at any time or before the hearing of the appeal. 3. Briefly the facts are, the assessee, a non-resident individual, filed his return of inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 147 of the Act. Based on the submissions made by the assessee, learned first appellate authority called for and examined the assessment records to decide the issue relating to validity of reopening of assessment under section 147 of the Act. After perusing the materials available on record, he found that the reopening of assessment was made only for the reason of credit entries of Rs. 3,68,15,167/- in the savings bank account held with ICICI Bank. 5. He observed, while recording satisfaction/approval, learned CIT has not applied his mind and granted approval mechanically. He further observed that the reasons recorded by the Assessing Officer for reopening of assessment does not reveal any independent application of mind by the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer has stated that the assessee has not filed his return of income. Further, the Assessing Officer has referred to the information received from the Investigation Wing regarding the credit entries in the savings bank account of the assessee. The aforesaid facts clearly reveal that though, the assessee has filed his return of income voluntarily disclosing the transaction appearing in the bank account, however, being completely oblivious of the return of income filed by the assessee, the Assessing Officer has proceeded to reopen the assessment merely relying upon the information received from the Investigation Wing. 8. The very fact that the Assessing Officer has proceeded to reopen the assessment assuming that the assessee has n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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