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TMI Blog2020 (1) TMI 1703X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be re-opened. The fact is that the bank accounts do not belong to the assessee. This is accepted by the AO. No verification is done by the AO to the information received. As decided in SIGNATURE HOTELS (P) LTD. [ 2011 (7) TMI 361 - DELHI HIGH COURT] information given by Director of Income-tax (Investigation), that amount received by assessee from other company was nothing but accommodation entry and assessee was beneficiary, was not sufficient to reopen assessment when Assessing Officer did not apply his, own mind to that information. Appeal of the assessee allowed by quashing the re-opening of assessment made u/s 148. - Shri J. Sudhakar Reddy, Accountant Member Sh. Somnath Ghosh, Adv., appeared on behalf of the Assessee. Sh. Jayanta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash deposit of Rs.2,15,42,210/-(Rs.2,22,98,500 - Rs.7,56,290) was made out of the undisclosed income of the assessee and the same has escaped assessment within the meaning of section 147 of the Act 1961 for the A.Y.2010-11. 5. The assessee submits that the bank account mentioned in the reasons does not belong to him and he has nothing to do the cash deposits made therein and that a complaint was registered with the police and also a case u/s 156(3) of the CRPC has been filed before the Chief Judicial Magistrate and that the AO agreed that the amounts deposited in the bank does not belong to the assessee and was of the view that the assessee acted in the capacity of an entry operator, for providing accommodation entry to beneficiaries, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of Chhugamal Rajpal vs. S.P. Chaliha [1971] 79 ITR 603 (SC) has held as follows: We are also of the opinion that the Commissioner has mechanically accorded permission. He did not himself record that he was satisfied that this was a fit case for the issue of a notice under section 148. To question No. 8 in the report which reads Whether the Commissioner is satisfied that it is a fit case for the issue of notice under section 148 , he just noted the word Yes and affixed his signature thereunder. We are of the opinion that if only he had read the report carefully, he could never have come to the conclusion on the material before him that this is a fit case to issue notice under section 148. The important safeguards provided in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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