TMI Blog2021 (6) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals) ought to have considered the fact that Sri Vellampalli Chenchu Venkata Rama Rao filed an affidavit and also stated that he paid the amount. 5) The learned Commissioner of Income-tax (Appeals) failed to admit the evidences produced and to see the fact that the said Sri Vellampalli Chenchu Venkata Rama Rao is a partner of the appellant in acquiring the property and that the amount of ₹ 2,50,00,000/- was entirely paid by him which is accepted by the said person. 6) The learned Commissioner of Income-tax (Appeals), therefore, erred in confirming the addition of ₹ 1,25,00,000/-. 7) Any other ground or grounds that may be urged at the time of hearing . 3. Learned counsel next took us to the CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Affidavit is dated 7.12.2018. The assessment order was passed on 6.12.2018. In view of this, the affidavit filed is certainly a new document and though the confirmations were dated 6.12.2018, the same were not filed before the AO, before completion of assessment, hence, they are also new evidences. New evidences cannot be admitted unless the appellant establish that the reasonable cause which prevented the appellant from filing the information before the AO. In this case, the appellant completely failed in giving any evidence to establish a reasonable cause. Hence, these documents were not admitted. Moreover, the receipt of DTDC courier service, prove the fact that these documents were couriered on 7.12.2018, after the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018 sent on his behalf to the ITO, Ward-1, Nellore; respectively. Her case in light of all this voluminous evidence is that the 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 of ₹ 2.5 crores in favour of Sri Gorantla Radha Krishna towards sale agreement. Learned counsel therefore urged to reverse both the lower authorities action making the impugned addition. 5. Mr.Pandey has strongly supported the impugned addition made in the course of assessment and affirmed in the CIT(A) s order. 6. We have heard the rival contentions against and in support of the impugned addition. The un-disputed fact that emerges herein is that bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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