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In the instant case, it is not the case of the assessing officer that the assessee did not furnish any of the details called for by him. Further, the assessing officer did not find any fault with the documents furnished by the assessee except some deficiencies in the application forms filed by the assessee, which are procedural mistakes. The AO also did not make any independent enquiry with the share applicants in order to find out the veracity of the submissions made by the assessee.

Shanti Prime Publication Pvt. Ltd.

Section 68, 147, 148 of IT Act, 1961 —Reassessment — For reopening an assessment under section 148 of the Act, the reasons recorded by the assessing officer should be that of his own and further they should be clear and unambiguous. The reasons should provide link between conclusion and evidence. It is for the assessing officer to form the opinion and to disclose his mind through the reasons recorded, i.e., the assessing officer should form the opinion independently by duly applying his mind on the material available with him, i.e., the AO cannot borrow reasons from any other authority. Janani Infrastructure Pvt. Ltd. Vs. Asstt. CIT (2019) 74 ITR (Trib) 373 (Bangalore)

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