Inder Jeet v. ITO (2018) 68 ITR 71 (SN) (Delhi)(Trib.) Ashok Kumar v. ITO (2018) 68 ITR 71 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Deposit in bank–Merely on the basis of deposit made in bank, reassessment is not valid when there is contradiction between statement recorded and information of recording reasons. [S. 148]

The AO recorded in the assessment order that as per the information available on record, the assessee had made a cash deposit of Rs.39 lakhs in his bank account and on that basis he recorded reasons for reopening the assessment. Further, in the reasons, he had recorded the information available with him of cash deposit of Rs.10 lakhs only. Thus, there was a contradiction in the statement recorded in the assessment order and in the reasons. The Assessing Officer without verifying the information had recorded the reasons for reopening of the assessment. Thus, he had not applied his independent mind to the information received in this regard.  Mere based on suspicious reasons Assessing Officer cannot reopen the case of the assessee on incorrect fact that income chargeable to tax had escaped assessment. (AY.2008-09, 2011-12)