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2020 (12) TMI 601 - AT - Income TaxReopening of assessment u/s 147 - Gain on sale of land - assessee is the power of attorney and signed the document on behalf of the owner of the land - HELD THAT- Undisputedly, in this case, the assessee is the power of attorney and signed the document on behalf of the owner of the land but claimed that no consideration was received by him. But as per the AO, in the clause of the agreement, it is clear that the power of attorney holder will receive the sale consideration in respect of transfer/sale of the land. Since in the original assessment, this was not discussed, the AO reopened the assessment on the ground that income has escaped assessment. Whether the sale consideration of the land belonging to Shri Pradeep Kumar Sethy will be taxed in the hands of the assessee who is only a power of attorney holder? - AO has observed that the assessee has failed to substantiate his claim with any legally admissible evidence that he has not received any consideration with regard to transfer of land. It is not in dispute that the assessee being the power of attorney holder has executed the sale deed before the Sub-Registrar, Khurda and acted as an agent of the owner of the land. Nothing was brought on record by the ld D.R. to substantiate that the assessee has received the sale consideration, which has not been declared as income of the assessee. D.R. could not controvert that the issue under consideration is not similar to the decision rendered by Jaipur bench of ITAT in the case of Shri Gyan Chand Agarwal [2017 (8) TMI 557 - ITAT JAIPUR]. Hence, facts being identical, we respectfully following the same direct the AO to delete the addition with the rider that the AO is free to take action against real owner of the land Shri Pradeep Kumar Sethy as per law. - Appeal of the assessee is allowed
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