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2015 (9) TMI 1359

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..... ave not stated how much money each one of them has paid. No specific source of the payment has been explained and it has been simply stated that they are agriculturists. When four persons have paid a sum of ₹ 43 lakhs the Assessing Officer could have verified the sources only if such persons were produced before him. We fail to understand how Ld. CIT(A) believed these affidavits particulars when the Assessing Officer had insisted on producing these persons. The affidavits are clearly in the nature of self serving documents and cannot be believed. Further there is no evidence why the deal did not mature. How the amounts were returned whether any receipts were taken or not is not clear. All these circumstances make the whole story not p .....

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..... me bank account? ii. Whether the ITAT is justified while sustaining the addition of ₹ 43,00,000/- without appreciating that the assessee had discharged the initial onus and the AO was duty bound to discharge its onus to prove that the impugned bank deposits are actually the undisclosed income of the assessee which in fact had been received from the intending purchasers which finding is contrary to judgment of the Hon'ble Delhi High Court in CIT vs. Oasis Hospitalities Pvt. Ltd. 333 ITR 119? 2. Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The assessee filed return of income on 26.6.2009 declaring an income of ₹ 2,14,820/-. The assessment was framed by the .....

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..... he Assessing Officer. 6. The Tribunal noticed that the assessee was not the owner of the land in respect of which she had entered into agreement as the land belonged to her husband. No copy of any registered power of attorney of her husband in her favour was produced. Further, a perusal of para 13 of the Tribunal's order where affidavits of four persons who had allegedly advanced money is seen, it is noticed that it is exactly in the same language. None of the affidavits has individually specified the amount advanced. Still further, no specific source of the payment of these persons had been explained except to state that they are agriculturist and not income tax assessees. The said persons had not been produced before the Assessing .....

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..... ll. The copies of the affidavits filed by four different purchasers who were stated to be not related parties reads as under:- HARYANA 21AA 12878 AFFIDAVIT I Ravi Parkash S/o Sh. Bhim Singh resident of village Khera, teshil Dabwali, Distt. Sirsa, do hereby solemnly affirm and declare as under: 1. That I am permanent resident of village Sukhera Khera and purely agriculturist. 2. That my source of income is from agriculture and I am not assessed to income tax. 3. That an agreement to purchase agriculture land situated at village Budhabhana, Distt. Sirsa was made by me with 3 other co-sharer on dated 02.07.2008 with Smt. Shakun Mehta R/o Sirsa. 4. That the said agreement was made jointly with Sh. Sarjeet Singh, Sh. Pre .....

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