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TMI Blog2021 (1) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of assessee. - I.T.A. No.7441/DEL/2019 - - - Dated:- 29-10-2020 - Shri Amit Shukla, Judicial Member And Shri Prashant Maharishi, Accountant Member For the Appellant : Shri Lalit Mohan, CA For the Respondent : Shri R. K. Gupta, Sr.D.R. ORDER PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 14.06.2019, passed by Ld. Commissioner of Income Tax (Appeals)-XV, New Delhi for the quantum of assessment passed u/s.144/147 for the Assessment Year 2011-12. In the grounds of appeal, the assessee has challenged the validity of reopening u/s.147 and also addition aggregating to ₹ 10,56,670/- on account of cash deposits made in the bank account. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee pointed out that from a bare perusal of the ITS which is basis for drawing adverse inference against the assessee and taking action u/s 147, it can be seen that it does not pertain to the assessee, because information pertains to Amarpreet Kaur with different address and completely unrelated to the assessee. Therefore, entire premise on which reasons were recorded is based on incorrect assumption of facts, therefore, such reason to believe and reason recorded is bad in law and does give him jurisdiction. 5. On the other hand, ld. DR submitted that though different name has been mentioned in ITS, but fact of the matter is that certain cash was deposited in the account of the assessee and assessee had not filed her ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30984785712 WZ-254A G BLOCK HARI NAGAR NEW DELHI 26,13,240 31-MAR-11 1 137105 50250500001413 18-SEP-11 STATE BANK OF INDIA, TILAK NAGAR (NEW DELHI) (01551) 5-B/4, MAIN NAJAFGARH ROAD, TILAK NAGAR NEW DELHI WEST DELHI 110018 7. From the aforesaid information it can be clearly seen that it is in respect of deposit of ₹ 10 lac in Smt. Amarpreet Kaur and such FIR information does not mention or pertain to the assessee. Thus, the reasons recorded are based on factually incorrect information which admittedly does not belong to the assessee. The action of the Assessing Officer for reopening the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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