TMI Blog2017 (7) TMI 998X X X X Extracts X X X X X X X X Extracts X X X X ..... sale of land as agriculture income. We observe that the assessee did not file return of income or disclosed the source of cash deposit before the Assessing Officer even specifically asked by the Assessing Officer under the notice issued under section 148 and 142 (1) of the Act respectively. It is also not in dispute that those notices were not served on the assessee as on one occasion the assessee alongwith his son attended before the Assessing Officer and sought adjournment but subsequently did not comply with the assessment proceedings. In such circumstances, the claim of the assessee that actual amount transacted was more than the amount recorded in the sale deed, cannot be accepted. - Decided against assessee. - ITA No. 738/Del/2015 - - - Dated:- 28-3-2017 - SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER For The Appellant : Sh. Naveen Gupta, Advocate For The Respondent : Sh. Amrit Lal, Sr.DR ORDER PER O.P. KANT, A.M.: This appeal by the assessee is directed against order of the learned Commissioner of Income-tax (Appeals), Rohtak, for assessment year 2007-08, rising following grounds: i. That the order of the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.1,40,000/- on 1/12/2006 Rs.64,00,000/- Total Rs.1,32,40,000/- 2.3 The Assessing Officer accordingly completed the assessment under section 144/147 of the Act on 28/03/2013. 2.4 Aggrieved, the assessee filed appeal before the Ld. Commissioner of Income-tax (Appeals) and submitted that deposit of ₹ 1,40,000/- and ₹ 64,00,000/- were out of the cash withdrawals from bank. The deposit of ₹ 67,00,000/- was explained as out of sale of agriculture lands by the assessee and his sons. The assessee submitted following additional evidences alongwith application under Rule 46A of the Income Tax Rules, 1962, for admitting these additional evidences before the learned CIT(A): ( i) Copy of four sale deeds (two of the assessee and two of his sons) ( ii) Copy of bank statement ( iii) Copy of complete narration of each and every entry of bank account ( iv) affidavits of the assessee and his sons ( v) a certificate regarding actual price of agriculture land in the village year 2006 certified by the Numberdar and Chowkidar of the village 2.5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derabad Vs. MPB Kutumba Rao reported in 43 taxmann.com 205 (Hyderabad- Trib), and decision of Tribunal Ahmadabad bench in the case of Gopalbhai V Bhoiwala versus ITO in ITA No. 3008/AHD/2009. 4. On the contrary, Ld. Senior Departmental Representative relied on the finding of the lower authorities and submitted that sons of the assessee are not illiterate as can be seen from the signature put up on the affidavits. He further contended that the claim of the assessee that he was not aware of the sale amount recorded in the sale deed was completely wrong because in the sale deeds it is duly mentioned that all the terms of the agreement were read before the purchaser and seller, who after listening and understanding correctly put up their signature in presence of witnesses. He further submitted that the sale deeds were executed before the registration authority i.e. Deputy/Joint Registrar Office, who has also mentioned that money was exchanged as recorded in the sale deed. The learned DR further submitted that the assessee intentionally did not cooperate before the Assessing Officer so that any action in the hands of purchasers on the basis of the claim of the assessee would be barre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er kumar, HUF Rs.6,81,500/- In cash 6. On perusal of back sides of page no. 4, 9, 13 and 18 of the paper book, we find that the registration authority has recorded that both the seller and purchaser were present before him and both parties accepted the facts of the document after listening and understanding the same and accepted the fact of exchange of the sale amount recorded in the sale deed. In the sale deeds also it is clearly mentioned that both parties have read, listened and understood the contents of the deed. 7. Further, the assessee did not co-operate with the Assessing Officer and explained the source of deposits and only before the first appellate authority, the assessee made a claim that the cash deposits was out of sale of lands. The matter was then remanded to the Assessing Officer and he recorded the statement of the purchasers, wherein they denied of giving any extra or hidden money other than what was recorded in the sale deeds. 8. We also note that the assessee has not informed to the registration authority about any sale amount received in excess of the sale consideration recorded in the sale deeds. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the particular case. 12. Facts and circumstances of the present case are different from the above case cited by the assessee as in the present case, the assessee is of matured age and the purchasers of land have denied of giving any extra money to the assessee. 13. In the case of CIT Vs Intezar Ali (supra), cash of ₹ 77,80,000/- was deposited in the bank account, which the Assessing Officer held as unexplained. However, the Tribunal found that the assessee himself made the complaint to the registration authority that sale deed was registered at a value below the amount, which he had actually received and deposited entire amount of bank account and filed a voluntarily return of income. The Hon ble High Court upheld the finding of the Tribunal and dismissed appeal of the Revenue. Whereas, in the instant case, the assessee neither informed to the registration authority about any amount received more than what was recorded in the sale deed nor filed any voluntary return of income declaring agriculture income. The assessee in the instant case not only avoided filing of return of income but also not complied to the notices issued for filing of return of income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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