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TMI Blog2022 (7) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... completing the assessment. The issue arising for consideration is, whether without assessing the income for which the assessment was reopened under section 147 can AO make other addition. The answer to the aforesaid question certainly will be in the negative. In case of CIT Vs. Jet Airways (I) Ltd. [ 2010 (4) TMI 431 - HIGH COURT OF BOMBAY] while dealing with an identical issue, has held that without assessing the income, for which the assessment was reopened, the AO cannot assess any other item of income. No hesitation in holding that the addition made is unsustainable. Accordingly, delete the addition. Ground is allowed. - ITA No.477/Del/2020 - - - Dated:- 7-7-2022 - Shri Saktijit Dey, Judicial Member For the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer reopened the assessment under section 147 of the Act. In course of assessment proceeding, the Assessing Officer called upon the assessee to explain the source of deposit made in the bank account. In response to the query raised by the Assessing Officer, the assessee furnished her explanation and stated that the deposit in the bank account is only amount of Rs.3 lakhs and not 18 lakhs. Further, the assessee submitted that the amount of Rs.3 lakhs was deposited out of agricultural income and past savings. Though, the Assessing Officer, on inquiry with the bank found that the actual deposit in the bank account is to the tune of Rs.3 lakhs, however, he observed that assessee s claim of agricultural income is not supported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, based on AIR information indicating that the assessee had made investment of Rs.18 lakhs in fixed deposits with Bank of India, the Assessing Officer reopened the assessment under section 147 of the Act. In course of assessment proceeding, the assessee furnished documentary evidence and submitted that the fixed deposit made is of Rs.3 lakhs and not 18 lakhs. On cross verification with the bank, the Assessing Officer having found assessee s claim to be correct did not make any addition of the fixed deposits. Whereas, he made addition of deposits made in some other bank accounts while completing the assessment. The issue arising for consideration is, whether without assessing the income for which the assessment was reopened under section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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