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2023 (11) TMI 866 - DELHI HIGH COURTAddition u/s 69 - cash paid by assessee for purchasing 50% of the 10% share held by deceased partner in a firm - addition was made based on two documents which were recovered in a search action carried out at the premises of the aforementioned partnership firm - Tribunal stated that the incriminating document which constituted a receipt in full discharge of the claim qua the subject property and the receipt for payment qua the very same property could not have been used against the respondent/assessee, i.e., the partner - Whether documents found at the business premises could not have been used against the respondent/assessee, i.e., the partner? - HELD THAT:- Tribunal notes that as per the valuation report, the worth of the subject property was Rs. 2.10 crores as on 10.08.2011. Thus according to the Tribunal, it was incomprehensible as to why anyone would pay Rs. 12.75 crores in cash for a property which is worth Rs. 2.10 crores. Given the aforesaid position, apart from other legal aspects which have been touched upon by the Tribunal, we are of the view that no interference is called for. The factual circumstances which have been brought to the fore by the Tribunal do not persuade us to interfere with the order. As regards the other legal aspects which have been adverted to in the impugned order as to whether a document found at the business premises of the partnership firm could not be used against the partners is an aspect, that we need not touch upon in this case. No substantial question of law.
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