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2015 (10) TMI 587 - AT - Income TaxUnexplained investment made in house property - CIT(A) deleted the addition - Held that:- The UIT Kota had allowed to transfer this plot no. 573, Basant Vihar, Kota vide its order no. 569-70 dated 22.07.2008 by charging Urban Tax @ 25% in the name of assessee. It is proved that plot was really purchased by the assessee in 1988. However, there is no evidence regarding investment made in construction of the house as well as payment of Urban Tax @ 25% paid to the UIT, Kota. Thus this issue is set aside to the AO to reconsider this aspect. The Sale Deed registered on 16.05.2008 by Shri Gajanand Verma in favour of the assessee is mere technical formality and the AO had not brought on record any evidence that assessee had passed on any consideration in cash to her husband from unaccounted sources. Therefore, Revenue’s appeal on this account is dismissed. However, above observation required to be verified by the AO by allowing opportunity to the assessee, being the finding of last fact finding authority i.e. ITAT. The aspect of construction made on this plot and Urban tax @ 25% paid by the assessee to the UIT, Kota need to be verified after allowing reasonable opportunity of being heard to the assessee. For limited purpose, this case is set aside to the AO. - Decided partly in favour of revenue for statistical purposes.
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