TMI Blog2008 (8) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... K.K. Bissa, for the appellant / petitioner Mr. Dinesh Mehta Mr. Laleet Pareek, for the respondents. JUDGMENT These three appeals have been filed against a common judgment of the learned Tribunal dt. 13.6.2003, allowing the appeals of the three assessees, and deleting the additions made by the Assessing Officer, which were confirmed by the learned C.I.T.(Appeals). The necessary facts are, that block assessment of the three assessees was made, for the period 1989-90 to 1998-99. The background facts are, that search and seizure operations were conducted on the premises of certain persons, which have been referred in the impugned order, as premises of 'Nabi Group', at Chittorgarh on 12.3.1998, during which certain documents were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law:- "Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the additions of Rs. 5,23,667/- made by the Assessing Officer as share of the assessee in the concealed sale consideration and the findings reached by the Tribunal in this connection are perverse?" When, the appeals came up for hearing on 18.1.2008, record was ordered to be requisitioned, in order to see the originals of the papers, which are said to have been seized, during the course of search. After receipt of the record, on 1.7.2008, the matter was further heard, and during course of hearing it occurred, that since it was a case of transaction of purchase and sale, and the amount involved, being very huge, being more tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment. From perusal of the judgment it transpires that in para-7 the learned Tribunal has found as under:- "It is evident from the alleged sale agreement, a copy of which is placed in the paper book, that it is not a complete document, as it has not been signed on the last pages and is not properly in continuation. The assertion of the ld. A.R. that the draft agreement was a tactics employed by the vendor, which was aimed at getting the property in question vacated from the Insurance Company, to our mind, seems to be plausible. An incomplete agreement may have been drafted to mount pressure on the insurance company only. This fact finds support from the statement of Shir Akhtar Hussain that the purchase price of this property is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cumulative effect of the above discussions is that the assumed price, on the basis of incomplete and irrelevant document, cannot be sustained. Hence, we delete the impugned addition and allow ground No.2 of this appeal." A reading of above para-7 make it more than clear, that the learned Tribunal has relied upon the statement of Akhtar Hussain, that the purchase price of the property is only Rs. 3,00,000/-. It has also been found, that the so called agreement is not a valid document in the eyes of the law, and therefore, it cannot be made basis, for any addition on this account, rather the registered sale deeds are self speaking version, which has not been disproved by any evidence on record. Admittedly no appeal has been filed again ..... X X X X Extracts X X X X X X X X Extracts X X X X
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