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TMI Blog2023 (8) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... ecorded . In our opinion, there is no application of mind by the AO and this is the case of borrowed satisfaction as the AO has not applied his mind to the information received from Investigation Wing. Under this circumstance, we are not in a position to sustain the re-opening of assessment and therefore the same is bad in law. - Shri Rajesh Kumar, Accountant Member And Shri Sonjoy Sarma, Judicial Member For the Appellant : Shri Manoj Kataruka, Advocate, Shri Rajiv Kr. Choudhary, Advocate For the Respondent : Shri Arun Kanti Dutta, Sr. DR ORDER PER RAJESH KUMAR, AM: These are the appeals preferred by the assessee against the separate orders of the Ld. Commissioner of Income Tax (Appeals)-4, Kolkata (hereinafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Counsel of the assessee stated that the AO while recording the reasons referred to the information received from DDIT (Inv), Unit-4(1), Kolkata dated 22.03.2016 wherein it has been stated that the assessee has cash deposits in a number of dubious accounts which were operated by the accommodation entry providers. Thereafter after discussing the said letter the AO has computed cash deposits at Rs. 30,00,000/- and came to the conclusion that to that extent the assessee has undisclosed income Rs. 30,00,000/- during FY 2009-10 (AY 2010-11) and thus justified the reopening of case u/s 147 of the Act. The Ld. A.R pointed out that on the top of the reasons recorded u/s 148(2) of the Act, the AO has stated that the assessment year 2009-10 whereas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect assessment year on the top of the reasons recorded as A.Y. 2009-10 whereas in the bottom the same is stated as AY 2010-11. Besides we note that the AO has only referred to letter of the Investigation wing stating that the assessee has deposited cash in a number of dubious accounts however no such accounts were brought on record in the reasons recorded . In our opinion, there is no application of mind by the AO and this is the case of borrowed satisfaction as the AO has not applied his mind to the information received from Investigation Wing. Under this circumstance, we are not in a position to sustain the re-opening of assessment and therefore the same is bad in law. Consequently the reopening of assessment is quashed. The ground no. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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