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Commissioner of Income Tax, Central Circle, Bangalore Versus

2015 (4) TMI 57 - KARNATAKA HIGH COURT

Unaccounted purchases - Whether the appellate authorities were correct in holding that the sum of ₹ 2,83,01,868/- reflected in the profit and loss account and the books of accounts of the assessee as payment made to Mr Chotu Sab and his relatives for purchase of land should be accepted in its entirety even though the finding are based on mere conjuncture and surmises when proof of ₹ 1,27,00,000/- only was shown and the balance ₹ 1,56,01,868/- had not been proved by the assessee .....

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e payment of the said amount to Mr Chotu Sab and his family members which has also been accepted by the Revenue in the returns filed by Mr Chotu Sab and his family members. Once the same has been done, the Department cannot turn around and claim that the respondent assessee should prove to have made such payment of ₹ 2.83 crores and add for purchase of the said land. No substantial question of law to be decided by this Court. - Decided against revenue. - Income Tax Appeal No. 732/2009 - Da .....

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not been accepted to have been paid by the assessee. The dispute in the present appeal is with regard to an amount of ₹ 1,56,01,868/- which according to the Revenue, has not been paid by the assessee to the sellers, Mr Chotu Sab and his family members. According to the appellants, only an amount of ₹ 1.27 crores has been paid to the sellers and not the whole amount of ₹ 2.83 crores and odd which is claimed to have been paid by the assessee - respondent. The appeal was admitted .....

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868/- had not been proved by the assessee by adducing any cogent evidence and consequently recorded a perverse finding. Whether the appellate authorities were correct in holding that the burden of demonstrating that a sum of ₹ 1,56,01,868/- and not been paid had to be established by the revenue by adducing cogent evidence. We have heard Sri K V Aravind, learned counsel for the appellants as well as Sri A Shankar, learned counsel for the respondent and perused the record. The submission of .....

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mitted that in the account books of the assessee the payment of ₹ 2.83 crores and odd is reflected for which evidence was adduced before the authorities below. It has also been submitted that the Department has assessed the sellers Mr Chotu Sab and his family members on the amount of ₹ 2.83 crores and odd and the matter relating to the liability of payment of tax on the said amount by the sellers, as to whether the same had been paid to the partnership firm said to have been constitu .....

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