TMI Blog2015 (10) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... elf is sufficient to disbelieve the story of Agreement to Sell entered by the assessee. Normally, no purchaser would agree to purchase the land from attorney holder until and unless such Attorney is duly registered or the persons owning the land becomes a confirming party in the Agreement to sell. As observed above, Power of Attorney has no been filed before us and the perusal of the Agreement to sell clearly shows that Shri I.D. Mehta who is husband of the assessee is not a confirming party in the Agreement to Sell. The perusal of the affidavits would show that exactly the same language has been used in all the affidavits. All the four persons have not stated how much money each one of them has paid. No specific source of the payment h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh deposits in bank. 2. Ld. CIT(A) failed to appreciate that the AO has rightly considered so called agreement to be of not much evidenciary value after proper application of mind. 3. Ld. CIT(A) failed to appreciate that the so called agreement was not registered with any authority. 4. Ld. CIT failed to appreciate that the assessee is not the owner of the land and no POA has been filed with the agreement nor produced later on during the course of proceedings. 5. Ld. CIT (A) failed to appreciate that Assessee failed to produce receipts in token of payment the amount of advance of ₹ 43.00 lacs. 6. Ld. CIT(A) failed to appreciate that the so called purchasers shown in the said agreement were not produced by the assessee no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the sale of agricultural land to four different persons. Copy of the agreement for sale of agricultural land executed on 2.7.2008 was filed. The advance was stated to have been received for the following persons:- S.No. Name and address of person 1 Sh. Prem Nath s/o Sh. Dhalu Ram Village Surera Khera Tehsil Dabwali 2 Sh. Ravi Parkash s/o Sh. Bhim Singh, VPO Surera Khera Tehsil Dabwali 3 Sh. Sarjeet Singh s/o Sh. Balram Village Rajrana Tehsil Sardulgarh Distt. Mansa 4 Sh. Puran chand s/o Sh. Dhalu Village Surera Khera Tehsil Dabwali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns also none appeared but a reply was received by the Assessing Officer on 26.12.2011, which reads as under:- As regards agreement made with Smt. Shakun Mehta, it is submitted that I have already furnished affidavit in this regard, wherein the facts have already been given. However, as regards source of advance made, it is submitted that I am purely agriculturist and having more than( .). The amount given for purchase of land was out of my agriculture income. Moreover, the deal could not be materialized and we are not having any dealings with her. So, in the circumstances , it is requested that my personal appearance may kindly be dispensed with as I havealready made my statement through affidavit. 7. On the basis of above t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see or comments of the Assessing Officer in the body of the order and it has been simply mentioned that such submissions and comments were considered. Ld. CIT(A) observed that it was not necessary that sale agreement should be registered. The land belonged to Shri Ishwar Dass Mehta, husband of the assessee, who was a retired government employee and due to his ill health had given Power of Attorney in favour of his wife and the purchaser knew this fact. The purchasers have confirmed the fact of entering into agreement and the assessee had discharged the burden of proving the deal. In view of these observations the Ld. CIT(A) deleted the addition. 10 Before us Ld. DR carried out through the contents of the assessment order and submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee who is not owner of the land had entered into agreement when the land belonged to her husband. Though it was stated before Assessing Officer and the Ld. CIT(A) that Power of Attorney was executed by her husband in favour of the assessee but copy of the power of Attorney has not been produced before the Assessing Officer and, therefore, the Ld. CIT(A) should have been little careful in asking for the power of Attorney but he simply believed this theory without examining the Power of Attorney. Before us also a copy of Power of Attorney is not filed. It is very difficult to ascertain in what circumstances the Power of Attorney was given by her husband. This fact itself is sufficient to disbelieve the story of Agreement to Sell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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