9911796707
TMI Blog2021 (4) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee. Hence, on this account, the assessment in dispute framed by the AO is bad in law and deserve to be quashed. Exactly under the similar facts and circumstances there are various cases, as relied by the ld. Counsel for the assessee, in which similar issue has been adjudicated and decided in favour of the assesee wherein the assessment has been quashed, especially in the recent decision passed in the case of Smt. Meena Gupta [ 2020 (9) TMI 533 - ITAT DELHI ] - Thus assessment framed in the present case is hereby quashed. - Decided in favour of assessee. - ITA NO. 4797/DEL/2019 - - - Dated:- 25-11-2020 - Shri H.S. Sidhu, Judicial Member And Shri Prashant Maharishi, Accountant Member For the Assessee : Sh. Kapil Goel, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which was decided in a summary manner. He further stated that after considering the reply filed by the assessee as well as documentary evidences, the AO has made the addition of ₹ 15 lacs u/s. 68 of the Act whereas he has issued the notice u/s. 148 of the Act for escapement of income of ₹ 75 lacs. He further stated that while issuing the notice u/s. 148 of the Act, AO has not applied his mind, therefore, assessment in dispute framed by the AO is bad in law and deserve to be quashed. He further stated that exactly under the similar facts and circumstances there are various cases in which similar issue has been adjudicated and decided in favour of the assesee wherein the assessment has been quashed. He draw our attention toward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw and shows the non-application of mind on the part of the assessee. Hence, on this account, the assessment in dispute framed by the AO is bad in law and deserve to be quashed. We further find that exactly under the similar facts and circumstances there are various cases, as relied by the ld. Counsel for the assessee, in which similar issue has been adjudicated and decided in favour of the assesee wherein the assessment has been quashed, especially the recent ITAT, Delhi SMC-I Bench decision dated 10.09.2020, passed in the case of Smt. Meena Gupta passed in ITA No. 7372/Del/2012 (AY 2011-12). The relevant para no. 8.1 of the aforesaid recent decision dated 10.09.2020 is reproduced as under:- 8.1 The above reasons clearly show that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs. In the case of assessee Smt. Meena Gupta and Shri Sourav Jindal the A.O. recorded in the reasons that assessee received bogus entries of the purchases, but, later on it was found to be loan. Thus, these facts clearly show that A.O. without verifying the information received from the Investigation Wing, recorded the reasons for reopening of the assessment based on wrong and non-existing, incorrect facts. Thus, there was no justification for the authorities below to reopen the assessment in these four cases. 5.1 Respectfully following the aforesaid precedent, the assessment framed in the present case is hereby quashed. Since we have quashed the assessment, hence, the other grounds have become academic and need not be adjudicated. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
