|The Tax Publishers2021 TaxPub(DT) 0113 (Ahd-Trib)
INCOME TAX ACT, 1961
Reopening of assessment solely on the basis of information received from ADIT (Investigation) without forming an independent opinion, could not be sustained as valid.
Reassessment - Reopening on basis of information emanated from Investigation Wing - No independent application of mind by AO -
AO received information from Investigation Wing as to assessee having paid on money towards purchase of land. Accordingly, AO reopened assessment and made addition. Assessee challenged this on the ground of no independent application of mind by AO before reopening the case. Held: Revenue failed to demonstrate with relevant material or evidences that copies of document/information provided by the ADIT(Inv.) was available with AO on or before recording reason for reopening of assessment, AO reopened assessment solely on the basis of information received from ADIT (Inv.) and without forming an independent opinion and there could not be any reassessment for verification and without satisfying requisite condition under the law. Accordingly, reassessment was quashed as invalid.
FAVOUR : In assessee's favour.
IN THE ITAT, AHMEDABAD BENCH
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