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2023 (3) TMI 1309 - ITAT AHMEDABADUnder reported sale price of flats - A survey u/s 133A was carried out wherein statement of partner was recorded and several loose papers were impounded - HELD THAT:- The document found during the survey was unsigned and was not registered. The price which was mentioned by the assessee was not only confirmed by the purchaser but also through the various document such as bank entries the cash entries received during the course of purchase of the sale of flats. Thus, the assessee has proved that there was no installment of sale price but the actual price received and therefore, the addition made by the Assessing Officer is not justifiable. Thus, Ground No. 2.1(i) is allowed. Addition towards cash found during survey - Whether Cash belong to deceased father? - HELD THAT:- The cash found during survey was properly explained by the assessee during the course of survey as well as at the time of assessment proceedings through cash books where the said amount was included. The books was not rejected by the Assessing Officer and hence, the addition made by the Assessing Officer does not sustain. Hence, Ground No. 2.1(ii) is allowed.
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