Sundip Kumar Gupta v.Dy.CIT (2024) 231 TTJ 113 / 241 DTR 65 / 38 NYPTTJ 899 (Kol)(Trib)

S. 147: Reassessment-Report of Investigation Wing-No tangible material-Reassessment is bad in law-Cash credits-Identity and creditworthiness is established-Addition is deleted. [S.68 148]

Held that AO having reopened assessee’s assessment solely on the basis of the report of Investigation Wing which merely created a suspicion that the assessee possibly carried out a transaction of routing unlawful money to convert black money into white money, without correlating the information received from the Investigation Wing with the accounts/assessment records of the assessee, reopening of assessment is bad in law. On merit the assessee has established the  identity and creditworthiness of the creditor.  Addition is deleted.  (AY. 2010-11, 2012-13, 2014-15,  2015-16)

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