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the reasons given by the AO in notice under s. 148 of the Act are merely mechanical and have not given any concrete reasons as to why the reopening is justified. As regards ground No. 2 relating to addition under s. 69, the assessee has given a detail of investments and the fact that the addition of the said amount is already made in the hands of the father of the assessee does not sustain in the hands of the assessee. As regards Ground No. 3 relating to addition under s. 68 in respect of cash deposits, the AO himself admitted that the cheque of Rs. 10,00,000 has been returned back which was not at all considered by the CIT(A). The reasons are mechanical as all the investment as well as the loans were demonstrated by the assessee as per the audited balance sheet itself. Therefore, the AO was not right in reopening the assessment which is bad in law and without any justified reasons for the additions. Thus, the appeal of the assessee is allowed.

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Sec. 147 of Income Tax Act, 1961— Reassessment—Reopening of assessment invalid as AO has recorded incorrect and wrong reasons for reopening of the assessment and did not apply his mind to the facts of the case before recording reasons for reopening of the assessment and the AO has also failed to verify the information received from the Investigation Wing before recording the reasons for reopening of the assessment and even the sanctioning authority has not applied its mind to the conclusion drawn by the AO based on specific material on record which clearly revealed that reasons recorded by the AO are wrong, incorrect and based on no evidence, therefore, it is a clear case of non-application of mind by the AO before recording reasons for reopening of the assessment — ARORA/SAPRA, S.N. Vs. ITO  [2020] 204 TTJ 137 (ITAT-DELHI)

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