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2016 (12) TMI 556 - AT - Income TaxAddition on the basis of the statement of Shri Hanuman Yadav - Assessment under section 143(3) read with section 153 - whether the addition can be sustained solely on the basis of the statement of Shri Hanuman Yadav, when there is no material placed on record that Shri Hanuman Yadav has made any claim against the assessee in any court of law seeking cancellation of sale deed or filing a recovery suit? - Held that:- As held in case of Shri Ghanshyam Das Agarwal [2013 (6) TMI 497 - ITAT JAIPUR]that in the absence of any conclusive evidence the document could not have been disbelieved. The ld. D/R could not point out any binding precedent wherein it has been held that the oral statement would over ride the documentary evidence. Therefore, respectfully following the case above We are of the view that the AO was not justified to make addition solely on the basis of the statement of Shri Hanuman Yadav when there was a registered sale deed and more particularly when the maker of statement has not challenged the sale deed before any court of law. It is also not placed on record whether the sale deed was executed under coercion. Therefore, considering the totality of facts of the present case, we hereby direct the AO to delete the addition - Decided in favour of assessee.
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