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TMI Blog2019 (9) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... eable to tax has escaped assessment. Following the reasons for the decision in the case of Shri Abrar Ahmad Qasimi, Delhi vs. ITO, Ward-46(5), New Delhi [ 2018 (6) TMI 1655 - ITAT DELHI] set aside the orders of the authorities below and quash the reopening of the assessment in the matter. Resultantly, the addition made in the re-assessment would stand deleted. - Decided in favour of assessee. - ITA.No.6003/Del./2018 - - - Dated:- 5-9-2019 - Shri Bhavnesh Saini, Judicial Member For the Assessee : Shri Ved Jain, Sr. Advocate And Ms. Surbhi Goyal, C.A. For the Revenue : Shri S.L. Anuragi, Sr. D.R. ORDER This appeal by assessee has been directed against the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 7,10,000/-. 5. I have heard the Learned Representatives of both the parties and perused the material on record. It is well settled Law that validity of the re-assessment proceedings is to be determined with reference to the reasons recorded for reopening of the assessment. Learned Counsel for the Assessee filed copy of the reasons recorded for reopening of the assessment under section 148 of the income Tax Act. The same reads as under : Name Address of the Assessee Sh Saurabh Saini, H.No.139, Sector-5, Part-III, Opp. Vardhman Hospital, Gurgaon 122 001. Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 20,87,530/-, has escaped assessment for the A.Y. 200-11 within the meaning of Section 147 of Income Tax Act, 1961. In view of above proceedings u/s. 147 of the I.T. Act, 1961, are hereby initiated against the assessee for the assessment year 2010-11 to bring to tax the undisclosed income of ₹ 20,87,530/-. Sd/- V.K. Jain Income Tax officer, Ward 4(2), Gurgaon. 5.1. Learned Counsel for the Assessee submitted that the assessing officer has recorded wrong facts in the reasons that assessee has made cash deposits of ₹ 9 lacs in his savings bank account though it was only ₹ 7,50,000/-. He has submitted that no amount has escaped inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CIT(A) and it was submitted that assessee is Maulvi for Arabic Religious and Teacher and teaching Arabic in the Masjid. He has prestige in the society and trustworthy in the community. People coming to him for pious purposes, giving money for safe deposit and take back whenever required. The assessee deposited the amount in bank account which was later on withdrawn and returned to them. Assessee gets salary from Waqf Board, Delhi. 4. At the appellate stage, assessee was asked to produce lenders for their statements. The assessee produced some of the persons at the appellate stage. Their statements were recorded in which they have confirmed to have given amounts to the assessee. Ld. CIT(A), however, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aped assessment, therefore, reopening of the assessment is bad in law. It was submitted that the issue is covered in favour of assessee by order of ITAT, SMC-Bench in the case of Shri Arvind Yadav vs. ITO, Ward-1(1), New Delhi ITA.No.1508/Del./2017 for the A.Y. 2008-2009, Dated 07.07.2017, in which the Tribunal on identical facts, set aside the orders of the authorities below and quashed the reopening of the assessment vide order dated 07.07.2017. Copy of the order is placed on record. 6. Ld. D.R. relied upon the orders of the authorities below. 7. After considering rival submissions, I am of the view that reopening of the assessment is bad in law. The A.O. merely noted in the reasons that since there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that income chargeable to tax has escaped assessment. The issue is therefore covered in favour of assessee by order of ITAT SMC Delhi Bench in the case of Tajendra Kumar Ghai (supra). In view of this matter, I am of the view that the Assessing Officer has wrongly assumed jurisdiction u/s 147 of the Income Tax Act for the purpose of reopening of the assessment. I accordingly set aside the orders of the authorities below and quash the reopening of the assessment in the matter. Resultantly, the addition made in the reassessment would stand deleted. 8. In the result, the appeal filed by the assessee is allowed. 7.1. The issue is, therefore, covered in favour of the assessee by the decision of the Delhi Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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