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2015 (7) TMI 768 - AT - Income TaxDisallowance of claim u/s 54F - Held that:- CIT (A) while rejecting assessee’s claim of deduction u/s 54F has relied upon the order passed by him in group cases of Mohd. Aleemunddin and others, which in turn has been set aside by the Coordinate Bench in the order under reference, we consider it appropriate to remit the issue relating to the assessee’s claim of deduction u/s 54F to the file of the AO with similar direction. Facts and issues being materially same in A.Y 2008-09, except for the amount of deduction of ₹ 51,00,000/-, following our decision for A.Y 2007-08, we also restore the issue relating to assessee’s claim of deduction u/s 54F to the file of the AO for deciding afresh after due opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes. Additions representing the advances received - CIT(A) deleted the addition - Held that:- No nfirmity in the order of the ld CIT (A). The AO himself admits that the commission amount was received by the assessee in case of transaction with Shri V. Ramachandra Rao in the financial year 1999-2000 and in case of Shri Jagat Singh in financial years 1995-96 to 1997-98. Thus when the amount in question was received long back, we fail to understand how they can be taxed in the impugned A.Y, even assuming that the said transaction ultimately fructified in the impugned A.Y. Even, otherwise also the ld DR apart from making submissions has not brought any material on record to controvert the factual finding of the ld CIT (A) that the transactions for which the assessee received the commission is different from the transaction with DLF. In view of the aforesaid, we do not find any reason to interfere with the order of the ld CIT (A) in deleting the addition of ₹ 11.50 lakhs and ₹ 2,19,000. - Decided against revenue. Addition of commission received from M/s Mali Florex on sale of land - CIT(A) deleted the addition - Held that:- Addition of ₹ 2.50 lakhs was made at the hands of the assessee relying upon the statement of Mali Florex that it has paid the amount of ₹ 5.00 lakhs to the assessee and Shri Syed Naseer as commission towards sale of land. Though, the AO had mentioned that the amounts were paid through cheques, but as per discussion made by the ld CIT (A), it appears, that Mali Florex in course of the assessment proceedings stated that the amounts were paid through bearer cheques. As it appears, before making the addition, AO has not made any inquiry to find out whether the cheques were actually encashed by the assessee. Assessee has not only denied of having received the amount in question at the stage of assessment and before the ld CIT (A), it has also submitted that the amount in question is not reflected in the bank account of the assessee. Therefore, the AO having not made any inquiry or brought any material record to prove that the assessee has actually received amount of ₹ 2.50 lakhs, the addition cannot be sustained - Decided in favour of assessee.
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