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2019 (6) TMI 401 - AT - Income TaxAddition of total consideration - joint property - distribution agreement, the sale proceeds were to be divided into 8 parts - CIT( A) allowed the claim - HELD THAT:- As perused relevant material on record including documents placed in the paper-book. The undisputed fact that emerges are that the stated plot of land was acquired by the assessee by way of inheritance from his mother. The documents on record has established that assessee was not the sole owner of the land under question and it was entitled for share to the extent of ₹ 16.42 Lacs only which has rightly been brought to tax in his hand. Deduction u/s 54F - HELD THAT:- Assessee supplied construction bills as well as certificate of civil contractor to suggest that the money was spent for construction of the residential building. The assessee in support of the claim had filed copy of construction bills, statement showing mode of payment to contractor, correspondence with Sarpanch of Grampanchayat, Naygaon, Uran, NOC from other legal heirs to build a house, 7/12 extract, property tax receipt etc. The said documents were filed during remand proceedings also to AO vide submissions dated 23/05/2015 and therefore, there was no violation of Rule 46A as urged by the revenue in grounds of appeal. The perusal of these documents clearly established the assessee’s claim u/s 54F. Therefore, no infirmity could be found in the impugned order, in this regard. Ground No.1 stands dismissed. Addition u/s 68 - HELD THAT:- So far as the addition it emerges that except for third party documents / evidences, there is nothing on record which corroborates the fact that any such unaccounted money flowed to the assessee in cash. The assessee denied having received any such money and therefore, the onus had shifted on revenue to dislodge the assessee’s claim. As rightly noted by CIT(A), no further investigation /inquiry has been conducted by Ld.AO to contradict the assessee’s claim. The opportunity to cross-examine the persons has never been provided to the assessee and the assessee was directed to prove the negative i.e. that he did not receive any unaccounted money. Therefore, we do not find any infirmity in the impugned order on this issue. Ground No. 2 stand dismissed.
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