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2023 (1) TMI 768 - AT - Income TaxUnexplained investment u/s.69B - husband of the assessee was also part of the said transaction as per the contentions of the Revenue - addition deleted in assessee’s husband’s case is on technical ground and the same cannot be applied in the present case - HELD THAT:- The assessee has 50% share in the property with Anal N. Shah who is husband of the assessee. This fact was never discussed by the AO and, therefore, the assessee cannot be solely held responsible for the entire addition - Besides this, the Assessing Officer in the assessment order has solely relied upon the statement of builder M/s. Munishi Land Developer LLP made before the Hon’ble Settlement Commission but nowhere it has been described that the assessee has paid on-money receipt and the AO also failed to show/demonstrate in the Assessment Order that REC-DIS is actually on-money payment in cash. Merely relying on the excel sheet and admission part of the builder which was never confronted to the assessee cannot make the addition. Hence, the addition made by the Assessing Officer is not justifiable. Thus, appeal filed by the assessee is allowed.
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