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TMI Blog2011 (8) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the appellant Revenue and learned counsel appearing for the assessee, Shri. T.O. Abraham. Even though notice was served on this assessee's brother, Shri. T.O. Alias, he has not chosen to engage a counsel or appeared in Court. However, we do not think there is any need to keep ITA Nos.97 & 99 of 2011 in which Shri. T.O. Alias is the respondent assessee, pending any longer because the issue involved is one and the same and the learned counsel appearing for the respondent assessee in the connected appeals exhaustively argued the matter. 3. The facts leading to the disputed assessment on the respondent assessees pertain to sale of 29.5 cents of land in a prime location on the side of M.G. Road, Ernakulam, Cochin city. The propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he balance portion of the property. Admittedly, the property was sold in different pieces and under different documents and it may probably to suit the convenience of the parties to make payment in black and white. Shri. Gopinath has also furnished entire details of the deposits of sale consideration made by him in Bank accounts and he has filed return after paying advance tax of Rs.7,60,000/- (Rupees seven lakhs and sixty thousand only) for the income partly accounted as capital gains and partly as income from other sources. Other family members who sold the land clearly stated before the Income Tax Officer that Shri. Gopinath being the eldest member of the family negotiated for sale of the property and what he has stated are true facts. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the purchase of property. 4. In the case of Shri. T.O. Abraham, assessments were made based on payments made for the assessment years 1997-98, 1998-99 & 1999-2000 and in the case of his brother Shri. T.O. Alias, assessments were made only for 1997-98 & 1998-99 as payments made by him were only for these two years. 5. The appeals filed by both the assessees were heard by different Commissioner (Appeals). While one Commissioner through a detailed order confirmed the assessment and dismissed the appeal in the case of Shri. T.O. Abraham for the assessment year 1997-98 vide Annexure G order produced in ITA No.305/2010, the Commissioner who considered other appeals allowed the same by vacating the assessment. On further appeals by the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correctness of the contents therein are reconfirmed in Annexure D letter, wherein he expressed his fears that if the true facts stated by him confidentially to the Department are leaked out that will lead to problem in the sale of balance portion of the family property. We do not think any more evidence is required to accept the correctness of the contents of the letter written by Shri. Gopinath voluntarily to the Deputy Commissioner of Income Tax. It is seen that besides the statements recorded by the Chief Enforcement Officer and the letter written by Shri. Gopinath, his statements are corroborated with other evidence i.e. credits of corresponding amount in the Bank accounts of Shri. Gopinath and his wife every details of which were discu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chasers. In this case, the seller happened to be an honest man though he was later forced to make contrary statements and he has in fact deposited the cash received in Bank accounts and paid tax also arising therefrom. Therefore, we only conclude that the orders of the Tribunal are perverse and unrealistic and cannot survive in the light of the clear evidence available in the form of admissions made by one of the sellers of the property, who being the senior member of the family arranged sale of the family property to the respondents. These appeals are consequently allowed by vacating the orders of the Tribunal and by confirming Annexure G order of the CIT (Appeals) in the case of Shri. T.O. Abraham for the year 1997-98 and by reversing th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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