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2016 (12) TMI 1142 - ITAT MUMBAIUndisclosed capital gain - legal transfer - Held that:- We find that the assessee had denied to have received any money in lieu of transfer of immovable property where sale deed was actually signed by the assessee and a receipt was also found attached with the sale deed which was obtained from the office of the Registrar by the assessee after AO raised a query in respect of the said deed on the basis of AIR information. The assessee pleaded that he was forced to sign the papers/documents which he was not knowing to the documents concerning sale deed transferring the property to Mrs. Sayali S Sawant. We also find from the record that the assessee has inherited the property from his mother. The assessee has totally denied to have received any sale consideration and executed any sale deed in favour of Mrs. Sayali S Sawant. Also during the course of assessment proceedings the transaction could not be confirmed. In our opinion, the ends of justice would be met if the matter is restore back to the file of the AO to decide the issue afresh on the facts and circumstances of the case - Decided in favour of assessee for statistical purposes.
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