TaxTMI 
TaxTMI 
2016 (5) TMI 1347
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....ice the appellant. 2. That the ld. CIT(A) is not justified in upholding the findings of the AO on account of considering the photocopy of benama as evidence of investment even where no evidence is on record that assessee was physically present at the time of execution of deed and the said agreement was not signed by the assessee. 3. That Mr. Karanvir Verma has not purchased any 4/20 share in the above said land from S. Diwan Singh as alleged by the AO. 4. Tat the statement of Sh. Karanvir Verma was recorded by the Income Tax investigation wing in which Karanvir Verma has stated that he has not purchased any share in the above said property. The above said statement is absolutely correct and no particulars have been concealed therein. ....
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....as been reopened on the basis of borrowed satisfaction, which is not permissible under the law. He pleaded that the issuance of notice is illegal, invalid and void ab initio and the same is liable to be cancelled. 5. On the other hand, the ld. DR has contended that as per the reasons recorded for reopening the completed assessment of the assessee, there was information with the Department that the assessee had purchased 4/20 share in 42 Kanals 18 Marlas land for Rs. 16,09,000/- from one Sh. Diwan Singh S/o Sh. Bhagwan Singh; that since the investment remained unexplained, the AO recorded the reasons for escapement of income and reopened the completed assessment of the assessee; and that this is very well in accordance with law. 6. I have ....
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....sable, which has escaped assessment." 7. Thus, as available from the reasons themselves, the reopening is based on information received from DDI(Inv-II), Amritsar vide letter no.1868 dated 23.03.2012 regarding alleged purchase of land by the assessee, alongwith other persons. No independent enquiry was conducted by the AO. 8. This is also very clear from para 2 of the assessment order, which reads as under: "02. Brief facts of the case are that enquiries were made by the Investigation Wing of the Department, Amritsar regarding purchase of a property measuring 42 kanals 18 marlas bearing Khasra No.395(9-2) 387 (5-16) 6594/3882(2-4) 397(8-2) 402(9-16) 398 (7- 18) for a sum of Rs. 80,45,000/- by Shri Sukhchain Singh s/o Sh. Gurnam Singh, r....