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2021 (10) TMI 681 - AT - Income TaxReopening of assessment u/s 147 - Scope of conditions as envisaged as per provisions of Section 151 - mandation of recording satisfaction by the Commissioner - assessee had made deposit during the year under consideration in SBBJ Bank - HELD THAT:- While drawing strength from the decision of Hon’ble Rajasthan High court in the case of CIT Vs Uttam Chand Nahar [2006 (4) TMI 56 - HIGH COURT, RAJASTHAN] we are of the view that in the present case, the conditions U/s 151 of the Act for recording satisfaction by the Commissioner has been validly done as the said satisfaction was on the basis of reasons recorded by the A.O. and not de hors it and thus according to us, the satisfaction independent of reason recorded by the A.O. is not envisaged any way in Section 151 of the Act. Therefore, considering the totality of facts and circumstances of the case, we dismiss this ground of appeal raised by the assessee. Unexplained income of the assessee - As submitted that during the year under consideration, he sold a rural agricultural land situated at Gram-Barso, Tehsil and Distt.- Bharatpur which is excluded from the purview of capital asset as per provisions of Section 2(14) of the Act and the said sale consideration received from the sale of the land was deposited in his bank account - As document of transfer is required by law to be reduced in writing and needs registration as has been done by executing sale deed which was got registered, therefore, the terms contained in the sale deed are to be believed which exclusively contains that a sum of ₹ 6.75 lacs were sale consideration of the entire land belonging to the assessee as well as his co-owners and thus when once an specific evidence by way of registered document has been placed on record, then in that eventuality as per Section 92 of the Indian Evidence Act, 1872, no contrary oral evidence is permissible. Thus, considering the totality of facts and circumstances more particularly when the registered sale deed has been executed between the parties which specifically contains that a sum of ₹ 6.75 lacs were paid by the purchasers to the assessee and his co-owners in lieu of purchase of the entire land in question and the said conveyance deed has also been corroborated by the statement of Smt. Nutan Sharma and Smt. Pushpa Arora recorded U/s 133(6) of the Act and no contrary evidence has been lead by the assessee in order to controvert or rebut the said presumption which is attached with the registered document. The case law relied by the ld. AR in the case of Shri Pappu Ram saran [2020 (9) TMI 228 - ITAT JAIPUR] is not applicable on the facts and circumstances of the present case under consideration, therefore we are not conveniencd with the arguments put forth by the assessee before us. Therefore, we feel no reasons to interfere into or to deviate from the findings so recorded by the ld. CIT(A) - Appeal of the assessee is dismissed.
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