Assessment was reopened on the basis of information received from the investigation wing that funds have been transferred to the Assessee out of cash deposits made in six bank accounts of five parties and that the unaccounted cash has been transferred to the account of the Assessee by rotation of funds. ITAT observed that AO has merely relied on the information received on a borrowed satisfaction without recording his own reasons. Further, even the amounts which were stated to be allegedly deposited in the bank account of the Assessee was not added to the income of the Assessee. ACIT v. Meenakshi Overseas Pvt. Ltd. [2017] 82 taxmann.com 300 (Del), CIT vs. SFIL Stock Broking Ltd. [2010] 325 ITR 285 (Del), DCIT v. Great Wall Marketing Pvt. Ltd. [ITA No. 660/KOL/2011, dated 03.02.2016] followed. (AY.2009-10, 2010-11)
Ujjala Suppliers P. Ltd. v. ITO [2024] 109 ITR 16 (SN)(Kol)(Trib)
S.147: Reassessment – Information from investigation wing -Borrowed satisfaction -Cash deposits -Reassessment order is set aside. [S. 143(3), 148]