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2015 (12) TMI 352 - AT - Income TaxDisallowance of deduction claimed u/s 54 - CIT(A) confirming disallowance of the cost of construction claimed in the computation of capital gains - Held that:- It is clear from the facts on records that sale deed which is an important document for transfer of property and the basis of transfer of property u/s 2(47) does not contain any reference to sell / transfer of any residential house or construction. Therefore, no legal inference can be drawn in favour of the assessee on this issue. Despite the AO’s insistence, assessee neither produced the contractor nor the supervisor to substantiate his version. Consequently, the assessee failed to discharge the burden cast on him to lead any credible evidence to support his plea about the plot and transfer of the same. Non-discharging of the burden to prove the eligibility of any claim will disentitle the assessee from availing the same. Apropos claim of cross examination, find merit in the arguments of the ld. DR that there is no universal rule to provide cross-examination in each and every case, more so when evidence on record is palpable against the assessee. Even if the evidence of Surendra Kumar Sen is excluded, the evidence on record is clinched against the assessee. In view thereof, the cross examination of Shri Surendra Kumar Sen becomes irrelevant as sufficient material is on record even if the statement of vendee is ignored. In view thereof uphold the order of the lower authorities and reject the claim of the assessee for construction cost and deduction u/s 54F of the Act. - Decided against assessee.
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