TaxTMI 
TaxTMI 
2019 (1) TMI 1836
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....ferring to the record submitted that the assessee needs to file a Paper Book consisting of necessary evidences on record which needs to be taken into consideration for determining the issues. The evidences, it was submitted, have not been correctly appreciated. However, considering the orders available on record, it was noticed that the evidences are not a subject matter of discussion as only conclusions on some evidences are drawn. Accordingly, it was deemed appropriate to direct the parties to address the facts on record and a pass over was given pointing out that if necessary, time would be granted. 3. In the pass over proceedings, the ld. AR inviting attention to the assessment order para 2 submitted that the assessee has been consider....
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....NSP". 4. The CIT-DR relying upon the orders, on the other hand, submitted that the assessee has failed to substantiate its claim. The affidavit filed by the assessee of Smt. Harjeet Kaur as eye-witness to the transaction has been held to be not relevant as she was sister of the assessee. 5. We have heard the rival submissions and perused the material on record. A perusal of the assessment order shows that the assessee gave the following reply on 12.01.2015 which was also filed in an affidavit dated 08.01.2015, the contents of which are extracted in para 3 of the assessment order and read as under : "1. That I am an agriculture land & deriving my livelihood through agriculture activities only. 2. That I have no other source of Income. ....
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....comments : "But all the letters returned back with postal remark "Left Returned to Sender & NSP". After that their PANs have been traced out from system and noticed that all persons are assessed with Income Tax officer ward- 5(4) &. 5(1), Amritsar. 7. A perusal of the above shows that the Assessing Officer traced the PANs of the three persons and failed to carry out any other activity. A perusal of the impugned order shows that the affidavit of Smt. Harjit Kaur which was filed to support the assessee's claim, was discarded as that being of an interested person. The assessee, as per record is supposed to have also filed the Report of GAMADA which has been discarded on the plea that the Sale Deed registered reflects only an amount of R....
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....elling 30 Kanal 12 Maria agriculture land sold on dated 28.01.2011 atVill. Ferozepur, Distt. Mohali. 5. That the Assessee filed Affidavit dated 08.01.2015 in which the Assessee has explained that he is doing agriculture farming and have no other source of income. The Assessee further stated that the deposit in the bank was made out of sale proceeds of 30 Kanal 12 Maria agriculture land against which the purchaser paid Rs. 47,81,250/- through cheque (executing for Sale Deed) and paid in cash Rs. 3,23,50,000/- in token of the receipt of sale. 6. That the Assessee deposited the said money in his bank. The Learned CIT (A) rejected the appeal of the Assessee treating amount of Rs. 3,23,50,0007- as an unexplained income on account of unexplai....