2023 (6) TMI 768

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....RDER The appeal filed by the assessee is against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short "Ld. CIT(A)"), Gandhinagar, Ahmedabad on 21.12.2016 for A.Y. 2008-09. 2. The grounds of appeal raised by the assessee are as under: "1. The order of the learned Commissioner of Income Tax (Appeals) is erroneous and bad in law and on the facts of the case. ....

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....erved that the labour income of Rs. 10,65,350/- was not confirmed by the parties and therefore, made addition to that extent as well as in respect of transaction of Rs. 2,25,000/- the Assessing Officer found that the same is not genuine and also made the addition to that extent. Thus, the total addition of Rs. 12,90,350/- was made by the assessee. 4. Being aggrieved by the assessment order the ....

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....able on record. It is pertinent to note that the reasons to believe for reopening and recorded reasons clearly set out to verify the source of amount of investment and not set out the escapement of income. The Hon'ble Gujarat High Court in case of Manzi Dineshkumar Shah (Supra) has clearly set out that the Assessing Officer cannot reopen the assessment which was already been verified by the Assess....

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....ever urged us to read the reasons as a whole and come to the conclusion that the Assessing Officer had independently formed a belief on the basis of information available on record that income in case of the assessee had escaped assessment. Accepting such a request would in plain terms require us to ignore an important sentence from the reasons recorded viz. 'it needs deep verification'. ....