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2023 (9) TMI 1175 - PUNJAB AND HARYANA HIGH COURTAssessment u/s 153A - profit from the sale of the plot - additions in the hands of broker / commission agent - unexplained and undisclosed income of the appellant - No addition was made by the revenue in the hands of the vendor-Company or its Managing Director for receiving any unaccounted for cash amount of money in respect of the transaction of sale of Plot - HELD THAT:- Addition was made in the income of the buyer, but a perusal of orders passed by CIT (A) as well as by the Tribunal reveals that the said addition had been ordered to be deleted. No material had been placed on record by the revenue to show that the said deletion was on any technical ground and as to what was that technical ground. Revenue also failed to produce any material on record to show that any addition of income at all qua the same transaction had been made in the income of the vendor of Plot No. 42 who was obviously the main person who could have derived profits from the same. The burden of proving all this lied heavily on the revenue, but nothing could be brought on record to prove the allegation that there was concealment in the consideration amount as reflected in the sale deeds of the Plot No. 42 and, therefore, in our considered opinion, on the basis of these documents which are part of Annexure A-1 and are rather loose rough papers only, no reasonable conclusion could be drawn that any amount of money what to say had been received by the appellant. Also in the absence of any material forthcoming on record to show that any addition was made by the revenue in the hands of the vendor-Company or its Managing Director for receiving any unaccounted for cash amount of money in respect of the transaction of sale of Plot No. 42, in our opinion, the appellant who was only a broker could not be saddled with any addition of money - Decided against revenue.
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