Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 867 - AT - Income TaxAddition u/s 69B - assessment u/s 153A - search action u/s.132 and seized incriminating documents including a document in question pertaining to purchasing of three bigha land wherein assessee’s son has signed document with one of the sellers out of two sellers who owned the land and it was so-called decided to sale land at the rate of ₹ 9 lakhs per bigha and it is claimed to have been by the revenue authority that on same document thumb impression of one of the sellers and two witnesses are also there and appellant’s son has signed on behalf of the assessee - HELD THAT:- We cannot believe this fact of the revenue because no statement of sellers were recorded by the department. If there was some doubt, revenue ought to have recorded statement of the seller along with statement of witnesses. The Department does not have any other evidence other than the so-called banachhitti wherein appellant’s son has made an agreement to purchase land at the rate of ₹ 27 lakhs. On the basis of aforesaid so-called banachhitti, addition cannot be made. The Department ought to have collected more evidences and should have recorded the statement of the other concerned parties. Thus, in view of the inadequate/insufficient evidence and enquiry, we delete the addition - Decided in favour of assessee.
|