TMI Blog2019 (11) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Under the facts and circumstances of the case, the appellant does not get any support from the cited case laws. CIT(A) decided the issue based on facts and circumstances, which remain undisputed. Since the assessee has not laid any material for the alleged duress, the original statement made by the assessee with the corroborating evidences from the seller side clinches the issue in favor of the Revenue. Therefore, we find no reason to interfere with the order of the ld.CIT(A) and hence, the assessee s appeal is dismissed. - ITA No.1538/Chny/2019 - - - Dated:- 22-10-2019 - Shri N.R.S. Ganesan, Judicial Member And Shri S. Jayaraman, Accountant Member For the Appellant : None For the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny evidence to prove that the monies deposited into the bank accounts of his wife and 2 sons were those received from the assessee. 3. For the above and other grounds that may be adduced at the time of hearing, it is prayed that the addition of ₹ 4,32,355/- may be deleted and justice rendered. 3.1 None was present on behalf of the assessee. The hearing notice sent to the assessee returned unclaimed after 1st intimation dated 15.06.2019 the 2nd intimation dated 17.06.2019 by the postal authorities. The ld.DR submitted that Shri R.D. Kasiviswanathan, the assessee, earns income from making jewellery. The AO found that the assessee has disclosed in his return for the assessment year 2012-13, that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement in which he had deposited ₹ 4 lakhs each. Thus , the total cash deposited, after sale of property was ₹ 32,00,000/- (24,00,000+4,00,000+4,00,000).. The sworn statement was signed by the seller as well as his authorised representative, Shri C.P. Chinna Venkataraman, FCA. The assessee was called on the same day and he was shown the sworn statement of the seller and the documentary evidence. Considering the overwhelming proof of having paid sale consideration at Rs,32,00,000/- , the assessee himself accepted the correctness of the statement made by the seller and submitted the consent letter authenticating the facts stated by the seller in his statement. He has also submitted that they had incurred a sum of ₹ 1,61,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount and ₹ 4 lakhs in his son s bank account). Faced with such credible the documentary evidence along with the statement of the seller, the appellant was not in a position, to oppose the reply of the seller. The assessee then stated that he had submitted the acceptance under duress. However, he could not produced any cogent argument or documentary evidence to substantiate that his acceptance was under duress. Subsequently, on 28.11.2016, he filed the petition u/s 144A of the Act before the Joint Commissioner of Income Tax, Non Corporate Range-2, Madurai submitting that unverified, unproved, uncorroborated and unsubstantiated statement of the transferor cannot be based for initiation for proceeding u/s 147, requesting the direction f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , therefore, the decision rendered by the ld.CIT(A) on the basis of the facts and circumstance of this case may be upheld. 4. We heard the above submissions and gone through the relevant material. The facts and circumstances mentioned above remain undisputed. The relevant portion of the order of the ld.CIT(A) is extracted as under; 5. I have carefully considered the assessment order, background facts of the case, the submissions made by the authorised representative and the case laws relied upon. Admittedly, in this case, faced with overwhelming evidence in form of sworn statement of the seller wherein actual sale consideration was disclosed at ₹ 32 lakhs paid in cash coupled with the fact that the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax the undisclosed amount of ₹ 4,32,355/- in his assessment order. No interference is called for in the assessment order. Accordingly, all the grounds taken by the appellant are dismissed. From the above, it is clear that the ld.CIT(A) decided the issue based on facts and circumstances, which remain undisputed. Since the assessee has not laid any material for the alleged duress, the original statement made by the assessee with the corroborating evidences from the seller side clinches the issue in favor of the Revenue. Therefore, we find no reason to interfere with the order of the ld.CIT(A) and hence, the assessee s appeal is dismissed. 5. In the result, the appeal filed by the assessee is dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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