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2023 (2) TMI 463 - ITAT DELHIReopening of assessment u/s 147 - jurisdiction for reopening and recording reasons without application of mind and without making proper enquiry etc - HELD THAT:- AO recorded the reasons for reopening the assessment and after seeking and being accorded approval by competent authority, issued and served the notice u/s 148 of the Act. Thus, it is found that there was failure on the part of the assessee to disclose fully and truly all material facts. On the basis of cogent and tangible information received and after ascertaining the fact that no scrutiny assessment had been made and the fact that the purchases had been made from the dummy companies of Rajendra Jain group who during the course of a search unequivocally admitted that he was an entry provider, the A.O. formed a prima facie belief that income - Thus, we do not find any error or infirmity in the approach of Ld. A.O. in reopening the case of the assessee for Assessment Year 2007-08 and also the order of the Ld. CIT(A) in affirming the approach of the Ld. A.O. Thus, we do not find any error committed by the Ld.CIT(A) in confirming the reopening of the case by the A.O. accordingly, Ground No. 1 is dismissed. Bogus purchases - Assessee was unable to establish the authenticity and genuineness of purchase made from M/s Avi Export and Mauli implex Pvt. Ltd. and M/s Vitraj Jewelers, the assessee was also unable to controvert the admission of one Sh. Rajender Jain made during the course of search, wherein it was admitted by Shri Rajendra Jain was engaged in providing accommodation entries to interested parties through a network of concerns including Vitrag Jewellers, Moulimani and Avi Export further the claim that the purchases were reflected in the purchase ledger was not established and the claim of the assessee that purchases were subsequently sold to parties also could not be proved before the Lower Authorities. Therefore, we do not find any error or infirmity in the assessment order and the order of the Ld.CIT(A) in confirming the assessment order. Accordingly, Ground No. 2 and its sub grounds are dismissed.
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