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2022 (8) TMI 943 - AT - Income TaxLong term capital gain computation - lower authorities’ action disallowing his payment made to his mother for the purpose of computing long term capital gains - HELD THAT:- Sale in issue dated 15.02.2012 as well as sought to place reliance on the assessee’s family tree starting from the common ancestor Shri Sakharam P. Pathare. His case is that this assessee had paid the impugned sum to his mother so as to meet out the latter’s share in the land sold. And that the above-stated sale deed not only comprise of this assessee as seller but also approvers and confirming parties wherein it was duly agreed with the vendee/developer that the corresponding advances received would be liable to be distributed amongst all the said parties. We find no merit in the assessee’s foregoing argument. It is made clear that apart from the learned lower authorities having doubted genuineness in assessee’s impugned payment claim, there is no material or stipulation in the sale deed that he had acted or sold anything over and above his own share in the land sold. Learned counsel could not refer to any clause therein that this assessee’s share concerned contained any charge or encumbrance or share of his mother so as to be satisfied on a future date. Fact with this situation, we find merit in Revenue’s vehement argument supporting this impugned disallowance/addition of Rs.32 lakhs. The assessee fails in his sole substantive grievance. AO has accepted identical claim of payment made by his brother and therefore, both the lower authorities ought to have been consisted in their respective stands. Mr. Joshi has also filed a catena of case law as well. I find no substance in assessee’s instant latter argument once he has failed to prove the payment in issue in light of the relevant stipulation in the sale deed. Assessee appeal rejected.
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