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TMI Blog2017 (2) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... roceeding sheet and correspondence between the AO and the assessee and considered the objections raised on the validity of section 147. It appears that this issue has been decided by the learned CIT(A) without verifying these aspects, which are relevant to decide ground no.1 In the entirety of facts and circumstances, interest of justice will be served if appeal is set aside and restored to the file of the CIT(A) to decide the same afresh after giving the assessee adequate opportunity of being heard on this aspect.- Decided in favour of assessee for statistical purposes - ITA No.4073/Mum/2015 - - - Dated:- 3-2-2017 - Shri R P Tolani, Judicial Member For The Appellant : Shri Vipul Shah For The Respondent : Ms. Beena Santosh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee from Ms. Shashikala confirming that she was responsible for the cash deposits in that account. Pan search in CBN reveals that Shashikala is not assessed to tax and she does not appear to be a family member of the assessee. In respect of A/c No.4603, the has explained the source of cash deposit as agricultural income of ₹ 17,85,670/- and cash loans from 34 individuals, each loan below ₹ 20,000/- totalling in all to ₹ 6,56,000/-. In respect of all the 34 persons no evidence of I.D. proof, residence proof was submitted as all are not assessed to tax. In respect of agricultural income the assessee has not submitted any bills and vouchers of seeds, fertilizers, pesticides, electricity bills, wages bills etc. except 7/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ground No.1 to 4 are being dealt with in a consolidated manner since all the four grounds are related to the issue of initiation of proceedings u/s. 147 of the I.T.Act. The appellant has submitted that in the original assessment all information was provided by him and that the A.O. has reopened the case only on the basis of observations of the audit team. The appellant has referred to the decisions of the Hon ble Supreme Court in the case of Eastern News Paper Society vs. CIT wherein it has been held that an audit opinion in regard to the application or interpretation of law cannot be treated by the A.O. as information for reopening of the assessment u/s. 147 of the I.T.Act. It is submitted that the A.O. was already aware of all the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Ltd., which is upheld by the Hon ble Supreme Court (256 ITR 1). Without verifying the record it is not possible to hold whether it is a case of change of opinion or not. The learned CIT(A) has just summarily concluded that there is no change of opinion. The learned DR, on the other hand, contends that i) There is no reference to reasons being based on any audit objections ii) The assessee s contention that it was orally requested to the learned CIT(A) to call for assessment record is merely a self serving statement. iii) The assessment order is very cryptic and does not even refer to the agricultural income. Therefore, it becomes a fit case of non-disclosure of appropriate particulars. iv) The assessment order does not giv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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