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2015 (4) TMI 57 - HC - Income TaxUnaccounted purchases - Whether the appellate authorities were correct in holding that the sum of ₹ 2,83,01,868/- reflected in the profit and loss account and the books of accounts of the assessee as payment made to Mr Chotu Sab and his relatives for purchase of land should be accepted in its entirety even though the finding are based on mere conjuncture and surmises when proof of ₹ 1,27,00,000/- only was shown and the balance ₹ 1,56,01,868/- had not been proved by the assessee by adducing any cogent evidence? - Held that:- In view of the fact that the Department itself has accepted the payment of ₹ 2.83 crores and add to the sellers Mr Chotu Sab and his family members and assessed them on the said amount for payment of capital gains, the contention of the learned counsel for the appellants that the burden of proof of payment by the respondent - assessee should not be shifted on the Revenue, is not worthy of acceptance. The respondent has claimed that he made the payment of the said amount to Mr Chotu Sab and his family members which has also been accepted by the Revenue in the returns filed by Mr Chotu Sab and his family members. Once the same has been done, the Department cannot turn around and claim that the respondent assessee should prove to have made such payment of ₹ 2.83 crores and add for purchase of the said land. No substantial question of law to be decided by this Court. - Decided against revenue.
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