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2019 (10) TMI 149 - AT - Income TaxAssessment u/s 153A - addition of cash paid for property purchased - HELD THAT:- The assessee did not produce any receipt executed in favour of the purchaser of ₹ 8 lakhs. No reasons have been explained why the cash of ₹ 8 lakhs have been received. Further no evidence have been produced on record with respect to availability of ₹ 8 lakhs in cash with the buyer of the garage. Further cheque payment of ₹ 9 lakhs have been made in March, 2006 and September, 2006, but, the Agreement to Sell of the garage is Dated 15.04.2006 which has no co-relation with the payments for purchase of the Flat at Hyderabad. The assessee failed to prove the genuineness of the execution of the Agreement to Sell Dated 15.04.2006. The alleged purchaser has not filed any confirmation before the authorities below. Considering the totality of the facts and circumstances of the case and incriminating document found during the course of search to show that assessee has initially declared lesser value of the Flat, but, when seized document was found during the course of search which shows assessee has paid higher value of the flat. It, therefore, appears assessee has created a story of payment of ₹ 8 lakhs on receipt of ₹ 8 lakhs for sale of garage. The preponderance of the probability do not support the case of the assessee at all. Conduct of the assessee prior to the search and after search clearly disentitle the assessee for any relief. No interference is required in the mater. We, therefore, confirm the Orders of the authorities below and dismiss the appeal of assessee.
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