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TMI Blog2020 (3) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... e department. There must be a something which indicates, even if it does not establish, the escapement of income from assessment. Merely because some further investigations have not been carried out, which, if made, could have led to detection of an income escaping assessment, cannot be reason enough to hold the view that the income has escaped assessment. Thus, in the present case also, the AO issued notice u/s 148 of the Act merely on the basis of suspicion that the cash deposited in the bank account of the assessee has escaped assessment. See BIR BAHADUR SINGH SIJWALI VERSUS INCOME TAX OFFICER WARD 1, HALDWANI [ 2015 (2) TMI 60 - ITAT DELHI] Thus reassessment proceedings initiated by the AO are bad in law and liable to be quashed. Decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashed as the same has been reopened on the basis of the reasons which are vague and has been recorded without application of mind on the part of the AO." 2. The brief facts of the case are that assessee's source of income is agriculture and stocking of Gur and agriculture produce after purchasing from the rural farmers in crop season. The assessee had manually filed income tax return on 25.05.2010, declaring an income of Rs. 1,73,105/- from the sale of sugar cane. Thereafter, on the basis of AIR information received by the AO that the assessee has deposited cash of Rs. 27,28,000/- in the savings bank account, various verification letters were issued to the assessee to verify these transactions. Subsequently, the assessee's c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritten submissions as well as the documentary evidences, the assessment may be quashed. 4. On the contrary, Ld. DR relied upon the order of the Ld. CIT(A). 5. I have heard both the parties and perused the records especially the impugned order of the Ld. CIT(A), written submissions filed by the assessee's counsel and the case laws relied therein and the Paper Book containing pages 1-27 in which he has attached the copy of acknowledgement of income tax return alongwith computation of income; copy of bank statement; copy of cash flow statement; copy of affidavit of the buyers; copy of details of land record; coyp of details of sale of sugar cane and copy of assessment order in the assessee's case for the AY 2012-13. After perusing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e income has escaped assessment. Thus, in the present case also, the AO issued notice u/s 148 of the Act merely on the basis of suspicion that the cash deposited in the bank account of the assessee has escaped assessment. To support this view, I draw support from the the decision of the ITAT Delhi Bench in the case of Bir Bahadur Singh Sijwali vs. ITO, in I.T.A. No. 3814/Del/2011, vide order dated 20.01.2015 wherein it was held as under: "All that the reasons recorded for reopening indicate is that cash deposits aggregating to Rs. 10,24,100 have been made in the bank account of the assessee, but the mere fact that these deposits have been made in a bank account does not indicate that these deposits constitute an income which has esca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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