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2021 (8) TMI 805 - AT - Income TaxRevision u/s 263 - receipt of on-money - incriminating material found in search or not? - HELD THAT:- In the present case, the enquiries and verification were made by the Assessing Officer Assesse mentioned hereinabove, despite that the PCIT had mentioned that the enquiry should have been made from Shri Amarjeet Singh Randhawa as well as from the purchaser of the property regarding the monitoring consideration involved in the sale purchase of the property. In our view, the conclusion of the PCIT was erroneous as no addition can be made on the basis of dumb document namely the photocopy of the Agreement to Sell which did not bear the signature of the Assessee. As mentioned that the two cases were assessed at Chandigarh and the amount was added back which was also confirmed by CIT Appeal. In our view this finding of the PCIT is again required to be rejected as in the Appeal filed by Shri Amarjeet Singh Randhawa and Smt. Amandeep Kaur,2020 (12) TMI 255 - ITAT CHANDIGARH] were allowed by the Tribunal and thereby the addition made of the said amounts have been deleted by the Tribunal . Once the order passed by the CIT Appeal in the hands of the co-seller namely Shri Amarjeet Singh Randhawa and Smt. Amandeep Kaur was passed by the Tribunal and the additions were deleted, then no addition can be made in the hands of the Assesse who were neither the signatory of the Agreement nor any GPA was granted in favour of Shri Amarjeet Singh Randhawa. In our view, the order passed under Section 263 would unsettle the order passed by the Tribunal in the case of Shri Amarjeet Singh Randhawa. PCIT should himself have conducted the enquiry or causing to make such enquiries have passed the order under Section 263. In the present case, despite the material available on record, no further enquiry were made by the PCIT and had simply relied upon the finding recorded by the CIT Appeal in the hands of co-owners. In the present case, sufficient enquiries were made and in the absence of the original document , which was not signed by the Assesse, in the absence of the GPA in favour of Shri Amarjeet Singh Randhawa and any other evidence proving the receipt of onmoney at the time of registration of sale deed, it will not be possible for the Assessing Officer to make additions in the hands of the Assessee before us. PCIT has failed to prove how the order passed by the Assessing Officer was erroneous in the absence of any incriminating to prove the receipt of on-money. - The order passed by the PCIT under Section 263 was without any jurisdiction and accordingly we quashed the same - Decided in favour of assessee.
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