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2021 (6) TMI 203 - ITAT HYDERABADUnexplained advance Payments - as argued assessee had not made any payment as it was the other person i.e., Sri Vellampalli Chenchu Venkata Rama Rao having incurred the entire expenditure in favour of Sri Gorantla Radha Krishna towards sale agreement - HELD THAT:- The un-disputed fact that emerges herein is that both the learned lower authorities have assessed the assessee qua the sum in issue of ₹ 1.25 lakhs going by agreement entered along with Sri Vellampalli Chenchu Venkata Rama Rao (co-vendee) and paid to Sri Gorantla Radha Krishna for purchase of immoveable property in the relevant previous year. The assessee’s stand has denied to have made any payment all along. He has also sought to shift the entire payments’ burden on the co-vendee as well. We find during the course of hearing that the corresponding agreement nowhere formed part of record as well which could suggest anything to this effect. Learned counsel has also not pleaded that the said agreement had further specified share of the immoveable property between assessee and the other covendee to the extent of less than half each. The only inference that could be drawn in absence of any such evidences or a clause having earmarked payment; vendee-wise, leads to the conclusion that both of them have incurred equal amount of expenditure of ₹ 1,25,00,000/- each forming subject matter of the impugned addition. The assessee tried to further place reliance on the covendee’s affidavit dt.07-01-2019 i.e., much after the CIT(A)’s lower appellate order and that too, in absence of any such material evident from the agreement. We thus confirm both the lower authorities’ action making the impugned addition in assessee’s hands. Assessee’s appeal is dismissed.
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