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2021 (10) TMI 748 - AT - Income TaxReopening of assessment u/s 147 - unaccounted income - AIR information that the assessee had made cash deposit in his bank a/c - whether the value of sale of agricultural land shown in the unregistered agreements viz~a~viz sale deed duly supported with the affidavit of the assessee is true to explain the source of cash deposit in the ICIC bank account of the assessee? - HELD THAT:- Admittedly the assessee is an agriculturist who had no source of income other than agriculture income. It is also not disputed that the assessee has sold an agricultural land in the joint ownership to his brother under two unregistered agreement and a registered sale deed under the signature of two independent witnesses. The competent authority in this regard is the ld. CIT(A)who had just rejected the evidentiary value of the unregistered sale agreements without examine the facts and rebuttal of AO in terms of apparent may not be real always. He merely held that such a recourse by the appellant is not permitted in law as per provisions contained in chapter VI of the Indian Evidence Act, 1 872, which prohibits admission of oral evidence to contradict the contents of a contract reduced into writing and registered as per law subject to certain exceptions like fraud, misrepresentation, etc. Such approach of the Ld. CIT(A) can not be justified and approved. He was required to examine the veracity of the unregistered documents by way of verification from the witnesses, Sh. Kavar Jeet Singh, Purchaser of Agricultural land, and prevailing market value of the land in the neighborhood/ vicinity. AR, contention that details required by the CIT(A) were submitted but same was not taken on record by him. Considering the ld. AR contentions that the assessee’s additional evidence be considered by the CIT(A) with independent application of mind to the facts of the case and verification of the respective witnesses,purchaser of land and factual field verification would reveal the actual sale consideration and in turn the actual amount of sale consideration received by the assessee. Considering the principles of natural justice, in our view, the assessee should get one more chance to prove its case before the Ld. CIT(A) - Assessee appeal is allowed for statistical Purpose.
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