The Tax Publishers2021 TaxPub(DT) 3897 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 147

Where case was reopened by AO on the basis of information received from investigation wing but without applying his mind, reopening was quashed as invalid.

Reassessment - Reopening based on investigation report - No independent application of mind by AO -

AO received information from Investigation Wing as to assessee having received unexplained cash credit. Accordingly, AO reopened assessment and made addition under section 68. Assessee contended that AO reopened assessment on the basis of information received from investigation wing without applying his mind.Held: As per assessment order, it was clear that assessee's case was reopened by AO on the basis of information received from investigation wing but without applying his mind, accordingly, reopening was quashed as invalid.

Followed:CIT v. Kamdhenu Steel & Alloys Ltd. (2012) 248 CTR 33 (Del)-HC) : 2012 TaxPub(DT) 1644 (Del-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2011-12



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