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2020 (1) TMI 401 - AT - Income TaxUnaccounted investment in land - HELD THAT:- As perused the statement made by the said Shri Indravadan Intwala and the cross examination done by the assessee of the said statement at page no.13 of the order of the AO. On specific question in the cross examination put by the assessee to the said witness i.e. Shri Shri Indravadan Intwala to the effect that ‘what was the consideration received by him?’ and in reply to this question, the said Shri Indravadan Intwala has categorically admitted that he do not remember “but it was as per sale deed executed”. When once the said Shri Indravadan Intwala in his categorical examination in respect of the consideration received by him has clearly stated that he had received the consideration in respect of land sold to the assessee as per sale deed executed by him. Therefore, there was no doubt left for the Revenue to discard the said statement made during cross examination of said Shri Indravadan Intwala. The Revenue Authorities have misinterpreted, misconstated the statement of Shri Indravadan Intwala wherein he has nowhere mentioned the specific amount of ‘on money’ received from the assessee, on the contrary had specifically and in clear words had admitted in cross examination to question no.3 that the sale consideration received by him was ‘as per sale deed executed’. We are also of the view that the sale deed executed by the Shri Indravadan Intwala in favour of assessee was a registered document and therefore presumption of correctness is attached to the contents contained in the said register document. Therefore, if the Revenue wanted to uproot the said presumption, then it was the onus of the Revenue to bring on record some cogent, convincing or admissible evidence on record to disprove the contents of the registered documents in the shape of sale deed. Therefore, there was no occasion left with the Revenue to make additions merely on some vague answers given by the said Shri Indravadan Intwala. It is a settled Law that no additions can be made on suspicions as howsoever strong the suspicion may be, but the same cannot take place of proof. Therefore, keeping in view of the above principles in mind, we allow this ground and deleted the addition, accordingly appeal of the assessee is allowed.
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