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of <h1>Reopening of Assessment Under Sections 147 and 144 Invalid for Same Unexplained Cash Deposits Previously Assessed</h1> <h3>Diamond Control Systems Versus NWR-W- (53) (4), Commissioner of Income Tax, Delhi</h3> The ITAT Delhi held that the reopening of assessment under sections 147 read with 144 was invalid as the same amount of unexplained cash deposits had ... Proceedings u/s 147 r.w.s. 144 - unexplained cash deposits in bank account - HELD THAT:- As departmental authorities already appear to have assessed Smt. Gurinder Maingi Thaman for the very amount in the impugned assessment year 2011-12 as her AO had recorded the reasons of reopening for the very assessment year. This being the clinching factual position, it is concluded that the learned lower authorities could not have treated the above deposits as the assessee’s income liable to be taxed. The impugned reopening stands quashed. This assessee’s appeal is allowed. The Appellate Tribunal (ITAT Delhi) in the appeal for AY 2011-12 against the CIT(A)/NFAC's order under section 147 read with section 144 of the Income-tax Act, 1961, examined the issue of the assessee's deposit of Rs. 46,58,756/- in an ICICI Bank account. The Tribunal noted that the same amount had already been assessed in the hands of Smt. Gurinder Maingi Thaman for the same assessment year, as recorded by her Assessing Officer in the reopening reasons. Consequently, the Tribunal held that the departmental authorities erred in treating the deposit as the assessee's income. The Tribunal quashed the impugned reopening and allowed the assessee's appeal.
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