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2019 (6) TMI 401

l on record including documents placed in the paper-book. The undisputed fact that emerges are that the stated plot of land was acquired by the assessee by way of inheritance from his mother. The documents on record has established that assessee was not the sole owner of the land under question and it was entitled for share to the extent of ₹ 16.42 Lacs only which has rightly been brought to tax in his hand. Deduction u/s 54F - HELD THAT:- Assessee supplied construction bills as well as certificate of civil contractor to suggest that the money was spent for construction of the residential building. The assessee in support of the claim had filed copy of construction bills, statement showing mode of payment to contractor, correspondence .....

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: Shri Abdul Hakeem M. - Ld.DR ORDER PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. Aforesaid appeal by revenue for Assessment Year [in short referred to as AY ] 2009-10 contest the order of Ld. Commissioner of Income- Tax (Appeals)-25, Mumbai, [in short referred to as CIT(A) ], Appeal No.CIT(A)-25/IT/14/13-14 dated 02/11/2015 on following effective Grounds of appeal: - 1. On the facts and the circumstances of the case, and in law Ld.CIT(A) erred in allowing u/s. 54F only on the basis of the letter furnished by the civil contractor without verifying the genuineness of the contractor and the physical existence of the building. Further Ld.CIT(A) admitted evidence on this issue in violation of Rule 46A without providing opportunity to A.O. 2 .....

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s old and his income was below taxable limit and therefore, no return was filed for impugned AY. Notices u/s 142(1) & 143(2) were issued to the assessee in due course calling for requisite information / details. 2.3 The assessee submitted hard copy of return disclosing interest income of ₹ 1.75 Lacs. Upon perusal of information, it transpired that the assessee s mother Srimati Anandibai Narayan Kathe died on 03/01/1996 leaving behind assessee and others as legal heirs. She was holding land being described as 12.5% Goathan at Nagaon and by virtue of government acquisition of land, she was allotted plot admeasuring 2000 Sq. Meter at Dronagiri. During the course of assessment proceedings, the assessee filed sale agreement towards the .....

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ase documents & other details, the claim was rejected. 2.6 The assessee has suffered another addition of unexplained cash credit u/s 68 for ₹ 113.40 Lacs which spring from the fact that incriminating material found during search / survey proceedings as enumerated in para 2.1 established that the assessee received unaccounted cash of ₹ 113.40 from the aforesaid entities against sale of above plot. 3.1 Before Ld. first appellate authority, the assessee assailed the addition by submitting that the addition has been made for ₹ 109.67 Lacs even though the assessee had received only ₹ 16.42 Lacs as his share. The copies of allotment letter, sale agreement, distribution agreements, power of attorney etc. were filed in s .....

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ubmitted the details of the construction of the house for the claim to be allowed u/s.54F. The appellant in his submission has provided the details as annexure to the letter dated 07.10.2015. He has furnished a letter from Pioneer Enterprises, Civil Contractors who has certified that the appellant has given an amount of ₹ 11,53,000/- towards construction of a residential house at Kathe Ali, Nagaon, Taluka Uran. The appellant has furnished additional details to show that an amount of ₹ 19,50,000/- has been paid for the construction of the house. In view of the above, and since the appellant fulfills the condition, the claim U/S.54F is allowed. This ground of appeal is therefore allowed. 3.3 The addition of ₹ 113.40 Lacs was .....

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ellant has received the money is on the A.O. In view of the above I hold that the addition of ₹ 1,13,40,000/- made u/s.68 cannot be sustained and therefore it is deleted. This ground of appeal is allowed. Aggrieved, the revenue is in further appeal before us contesting grant of deduction u/s 54F and deletion of addition of ₹ 113.40 Lacs u/s 68. 4. The Ld. DR supported the stand taken by Ld. AO and submitted that the assessee failed to discharge the onus that it did not receive unaccounted cash from the concerned parties. Per Contra, Ld. Authorized Representative for Assessee [AR], submitted that the additions could not be sustained merely on the basis of third-party statements without bringing on record any corroborative evidenc .....

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uction of the residential building. The assessee in support of the claim had filed copy of construction bills, statement showing mode of payment to contractor, correspondence with Sarpanch of Grampanchayat, Naygaon, Uran, NOC from other legal heirs to build a house, 7/12 extract, property tax receipt etc. The said documents were filed during remand proceedings also to Ld. AO vide submissions dated 23/05/2015 and therefore, there was no violation of Rule 46A as urged by the revenue in grounds of appeal. The perusal of these documents clearly established the assessee s claim u/s 54F. Therefore, no infirmity could be found in the impugned order, in this regard. Ground No.1 stands dismissed. 6. The appeal stands dismissed. Order pronounced in t .....

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