Allowing the appeal the Tribunal held that the assessee had filed details of deposits in the bank to show that there were cash deposits in ICICI Bank at Rs. 11,49,750 as against Rs. 11,07,160 stated by the Assessing Officer in the reasons for reopening of assessment. Thus, wrong and incorrect facts had been recorded in the reasons recorded for reopening of assessment. Moreover, though the Assessing Officer had referred to the commission earned by the assessee in the assessment year no addition had been made in the reassessment order. Thus the Assessing Officer had also not applied his mind to the facts of the case and merely based on the information without verifying them had recorded reasons for reopening of assessment. Thus, the reopening of assessment could not be sustained in law.( AY.2011-12)