TMI Blog2019 (10) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... usband i.e. Shri Vikas Shukla in which it is specifically mentioned that sale consideration is earlier paid of ₹ 2,50,000/-, it means Shri Vikas Shukla has paid to Shri Umed Singh. It is also mentioned in the registered sale deed that amount of consideration of ₹ 2,50,000/- has already been received. It would mean that at the time of execution of the registered sale deed no consideration of ₹ 2,50,000/- passed on from Shri Vikas Shukla to the assessee. It would further mean that the sale consideration of property of ₹ 2,50,000/- has already been received by Shri Umed Singh being original owner of the property. These facts and material on record clearly suggest that the assessee acted as a General Power of Attorney Holder of the property in question on behalf of Shri Umed Singh original owner of the property. The right of assessee as a General Power of Attorney holder was not greater to that of the owner of the property i.e. earlier right in favour of Shri Umed Singh and later on right transferred in favour of her husband Shri Vikas Shukla. There was no justification for Ld. CIT(A) to doubt the Ikrar Nama executed between Sh. Umed Singh and Sh. Vikas Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. We have heard Ld. Representatives of both the parties and perused the material on record. Earlier appeal was dismissed for default which was restored by allowing Miscellaneous Application of the assessee. 3. The appeal is time barred by 50 days. The assessee has filed application for condonation of delay explaining therein that impugned order was received on 11.03.2015. The husband of the assessee Shri Vikas Shukla was suffering from mouth cancer and required continuous attention and treatment and was admitted in hospital on 20.04.2014, thereafter, many times he was admitted to hospital later on the Chartered Accountant who was pre-occupied could only be attended on 17.03.2015. Again in the last week of March, 2015 assessee s husband fell ill due to the above ailment and his health started deteriorating and ultimately his condition got worsened. The husband of the assessee was later on admitted to hospital on 29.05.2015 to 31.05.2015 undergo Chemotherapy. The husband of the assessee again underwent further Chemotherapy sessions on 08.06.2015 to 15.06.2015 and ultimately husband of the assessee due to the long illness expired in October, 2015. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e time of sale, the same could not be registered in the name of Shri Vikas Shukla as there was a restriction on the registry by the Sub Registrar, Gurgaon. Sh. Umed Singh was an Officer with the Indian Army who due to his postings in different parts could not be present in Gurgaon at all times. Hence, to smoothen the process, and to gain control on the title of the property, it was mutually decided that the appellant Mrs. Umpa Shukla (Wife of Shri Vikas Shukla) would act as a registered GPA and an authorized legal agent who would have the authority to sign any document relating to the Land of Sh.Umed Singh. This arrangement was made so that future inconveniences could be removed as the sale could not be registered at that point of time. Further, the sale deed was registered on the 23.07.2008 between Vikas Shukla and Mrs. Upma Shukla in her capacity as the registered GPA holder of Sh. Umed Singh. It is evident that the right to property was already given to Vikas Shukla by Sh. Umed Singh and only the documents were registered after a gap of 12 years. At no point of time did the appellant become the owner of the plot and was merely a representative o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be admitted. Moreover, the Ikrar Nama is not a registered document, therefore, its authenticity is doubtful. Further, in the capital account of the assessee an addition of ₹ 2,50,000/- has been shown on account of sale and land building. It also shows that property in question belongs to assessee. 8. It may also be noted here that the assessee at the appellate stage made a request for admission of additional evidences which Ld. CIT(A) has allowed and admitted the additional evidences. 9. Ld. CIT(A) considering the explanation of the assessee and material on record did not accept contention of the assessee. The Ld. CIT(A) noted that Ikrar Nama is not registered document, therefore, it is doubtful. The Ld. CIT(A) also noted that assessee had disclosed an amount of ₹ 2,50,000/- in her capital amount on account of sale of land and capital building during the year under consideration. Therefore, contention of assessee was rejected. The Ld. CIT(A) also noted that in this case, since the total value of consideration for the purpose of stamp duty was fixed at ₹ 10 lakhs, the AO has rightly invoked the provisions of section 50C of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration. No amount has been paid by the assessee to Shri Umed Singh through this Registered General Power of Attorney. Therefore, General Power of Attorney executed by Shri Umed Singh owner of the property was without any consideration. The assessee later on as General Power of Attorney holder of owner of the property Shri Umed Singh executed sale deed in question in favour of her husband i.e. Shri Vikas Shukla in which it is specifically mentioned that sale consideration is earlier paid of ₹ 2,50,000/-, it means Shri Vikas Shukla has paid to Shri Umed Singh. It is also mentioned in the registered sale deed that amount of consideration of ₹ 2,50,000/- has already been received. It would mean that at the time of execution of the registered sale deed no consideration of ₹ 2,50,000/- passed on from Shri Vikas Shukla to the assessee. It would further mean that the sale consideration of property of ₹ 2,50,000/- has already been received by Shri Umed Singh being original owner of the property. These facts and material on record clearly suggest that the assessee acted as a General Power of Attorney Holder of the property in question on behalf of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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