9911796707
TMI Blog2022 (9) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is barred by limitation by 52 days. The assessee filed an application for condonation of delay stating that the delay in filing the appeal was caused on account of the fact that he was not in good health and had undergone medical treatment and on recovering from the medical treatment he immediately contacted his tax consultant and filed the appeal. The assessee has stated that he had received order of the ld.CIT(A) on 5.12.2018 and the appeal was filed on 26.3.2019, and hence, there was delay of 52 days which was on account of medical treatment that he was undergoing. He also filed doctor's prescription dated 23.3.2019 under whom he had taken treatment, a copy of which was placed before us, wherein it was stated that the assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y owned by the assessee with his family members, his share in the same being Rs.7.50 lakhs which was stated to have been deposited - Rs.1,50,000/- in Bank of India and Rs.6,00,000/- in Dena Bank account of his brother, Shri Anilkumar P. Patel, and this Rs.6.00 lakhs was withdrawn by his brother, and given to him in cash which in turn he deposited in his Bank of India account. The ld.CIT(A) had rejected this explanation of the assessee stating that the assessee had been unable to substantiate the same. 5. Before us, the ld.counsel for the assessee stated that sufficient documentary evidence in support of his explanation had been filed to the authorities below. He pointed out that sale agreement mentioning his share in the sale of property h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is in dispute before us, as being out of his share in the sale of land, jointly owned along with members of his family, is duly and satisfactorily substantiated. The sale deed of the land sold by the family of the assessee, English translated copy of which was placed before us at P.B 2-20, clearly mentions land sold by six persons including the assessee for Rs.45 lacs and assessee being paid Rs.7,50,000/- in all in two instalments (Rs.1,50,000 + Rs.6,00,000/-). This transaction took place on 11/05/2009 and the two post dated cheques dated 11/05/2209 & 30/06/2009 respectively were issued from Dena Bank, Bhayander (East) Thane Branch, Mumbai. The assesses brother was also paid same amount by issuing identical post dated cheques. The joint ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
