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    <title>2024 (4) TMI 266 - ITAT DELHI</title>
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    <description>ITAT Delhi held that reopening of assessment under section 147 was invalid where the AO erroneously assumed the assessee had not filed income tax return for AY 2010-11. The tribunal found that the assessee had indeed filed return under section 139(1) before the same AO. The AO failed to examine available records properly to verify whether bank deposits were reflected in the return. Since the reopening was based on wrongful assumption of facts, the proceedings under section 147/144 were vitiated and declared invalid. Appeal decided in favour of assessee.</description>
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    <pubDate>Thu, 04 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (4) TMI 266 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=751085</link>
      <description>ITAT Delhi held that reopening of assessment under section 147 was invalid where the AO erroneously assumed the assessee had not filed income tax return for AY 2010-11. The tribunal found that the assessee had indeed filed return under section 139(1) before the same AO. The AO failed to examine available records properly to verify whether bank deposits were reflected in the return. Since the reopening was based on wrongful assumption of facts, the proceedings under section 147/144 were vitiated and declared invalid. Appeal decided in favour of assessee.</description>
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      <pubDate>Thu, 04 Apr 2024 00:00:00 +0530</pubDate>
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