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TMI Blog2013 (2) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... reinafter referred to as 'Act') for the assessment year 1996-97. 2. Since the common question of facts and law are involved in these appeals, a common order was passed by the Income Tax Appellate Tribunal in these appeals. Hence, all these appeals are clubbed together and disposed of by this common order: 3. The facts of the casein brief as follows: The respondent/assessee namely Sri. M R Lakshmanappa in ITA No. 1148/2006 filed returns on 4.3.1998 declaring the total income from Real Estate, civil works and lorry hire charges. A survey was conducted in the business premises of the said assessee under Section 133A of the Act on 24 11.1998. During the course of survey number incriminating documents were found relating to the Real Estate bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sri N K Mohta, the Assessing Authority assessed the income earned from the Real Estate business of Rs. 25,07,508/- for each assessee and called upon them to pay the income tax on the said amount. Being aggrieved by the assessment order passed by the Assessing Authority, the assessee, Sri M R Lakshmanappa preferred an appeal before the Commissioner of Income-tax (Appeals)-III, Bangalore. The Commissioner of Income-tax (Appeals) after considering the matter in detail and the other relevant records and the plaintiff and written statement filed in OS No. 113/1996 filed by Sri N K Mohta for specific performance and also his statement recorded by the Assessing Authority noticing that Sri N K Mohta has not paid the amount directly to the assessees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,22,525/- as admitted to have been paid in cash to Mr. Krishnappa, Mr. Laxmanappa and his wife Mrs. Parvathamma cannot be treated as their respective incomes?" 7. Sri M Thirumalesh, Advocate appearing for the appellants contended that the order passed by the Income-tax Appellate Tribunal confirming the order passed by the the Commissioner of Income-tax (Appeals) is contrary to law. The survey was conducted in the premises of Sri M R Lakshmanappa. During the course of survey it was found that the assessees have entered into MoU with Sri N K Mohta for acquiring and delivering 63 acres of land at the rate of Rs. 4 lakh per acre. Pursuant to the said agreement, 31.19 acres of land was delivered and registered in the name of nominee of Sri N K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of land from Smt. Rathnamma at the rate of Rs. 1,61,000/- and 8 acres of land from Sri Mudappa at the rate of Rs. 2,60,000/-. During the enquiry, Sri N K Mohta admitted that he has paid Rs. 20 lakh by way of cheque as an advance by obtaining necessary security deposit of title deed and Rs. 90 lakh has been paid to various parties i.e. land owners on the advise of Sri M R Lakshmanappa. In the cross examination he has stated that he has not paid Rs. 90 lakhs in cash either to Sri M R Lakshmanappa or to other assessees. Further OS No. 113/1996 was filed for specific performance of MoU dated 23.3.1995. In the plaint, Sri N K Mohta himself has admitted that he has paid the amount to the various land owners. Since the assessees have not receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount in respect of 31.19 acres of land at the rate of Rs.4,00,000/- per acre. Apart from that, he has paid Rs.90,00,000/- over and above the said amount to the land owners as per the directions of M.R. Lakshmanappa. 11. Further, appellant in ITA No. 1148/2006 (M.R. Lakshmanappa) in his statement dated 8-2-2002 before the Assessing Officer stated as follows: "We have received Rs. 20,00,000/- as advance out of which, Rs. 7,00,000/- has been taken by Sri. B. Krishnappa, and Rs. 7,00,000/- I have received and the balance of Rs. 6,00,000/- given to Smt. Parwathamma by cheque." Further he deposed that "I have not received the amount from Sri N.K Mohta at the rate of Rs. 4 00,000/- per acre for 38.24 acres during registration I have receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccounted money to the various persons at the instructions of Lakshmanappa. However, he has not received the receipts from those persons. In respect of 31.19 acres of land, the transaction is complete and for the remaining extent of land, Sri. N.K. Mohta has filed a suit in O.S. No. 113/1996 for specific performance of Memorandum of understanding in respect of the remaining extent of the land as agreed between the assesses and Sri. N.K. Mohta. No document has been produced to show that has paid Rs. 90,00,000/- to the assessees in respect of remaining extent of land. The stray and inconsistent statement made by N.K. Mohta cannot be accepted. In the absence of any document, the statement of N.K. Mohta that he has paid a sum of Rs. 90,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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