2013 (8) TMI 740 - AT - Income Tax

Unexplained deposit(investment) in the bank - source of cash deposited in bank - sale of property by the assessee for Rs. 56,78,751 - sale deed was executed by the GPA holder for a consideration of Rs. 17,50,000 - Held that - Since this sale deed was not executed by the assessee she can not be said to have the knowledge that the sale deed was executed only for Rs. 17,50,000/-. No fault can be found with the issue of Power of Attorney which was executed in favour of Shri Ravinder Kumar only after receipt of full consideration. The fact of payment of cash also becomes clear from the copy of affidavit filed before the lower authorities When these facts regarding execution of sale deed at lower amount came to the knowledge of the assessee, assessee s husband filed a complaint on 14.11.2008 with the Tehsildar, Naraingarh. Copy of this complaint was marked to the Chief Ld. Commissioner of Income Tax also. On the basis of this complaint, action was taken by the Registering authority which becomes clear from the order of the Collector (translated copy of the same is available at page 48 to 51 and 52 to 58 of the paper book). The Collector has clearly held that upon Inspector of adjoining area that though registered sale deeds were executed on the collector rate but the same was less than the prevalent market rate. This clearly shows that the assessee was taken for a ride and the cash portion paid to the assessee by the buyer was not declared and whatever steps the assessee could have taken, have been taken by the assessee to report the matter to the authorities. The cash has been received by the assessee on sale of agricultural land and the same has been deposited in the bank. - Source proved - No addition.

Issues Involved:

1. Confirmation of addition of Rs. 28,20,000/- as unexplained deposits.
2. Ignorance of documentary evidence by CIT(A).
3. Ignorance of Revenue Authority's orders on stamp duty evasion.
4. Ignorance of documentary evidence of Rs. 3,50,000/- paid by cheque.
5. Ignorance of documentary evidence submitted during proceedings.

Issue-wise Detailed Analysis:

1. Confirmation of Addition of Rs. 28,20,000/- as Unexplained Deposits:
The primary issue in the appeal was the confirmation of the addition of Rs. 28,20,000/- by the Assessing Officer (AO) as unexplained deposits in the appellant's bank account. The AO observed cash deposits in the appellant's Savings Bank account with Haryana Gramin Bank on various dates, totaling Rs. 28,20,000/-. The appellant claimed these deposits were from the sale proceeds of agricultural land. The AO, however, was not satisfied with the explanation and added the amount as unexplained deposits.

2. Ignorance of Documentary Evidence by CIT(A):
The appellant argued that the CIT(A) ignored documentary evidence, including agreements to sell and a power of attorney, which indicated the full sale consideration of the land. The agreements showed a total sale consideration of Rs. 55,78,875/-, received through cheques and cash. Despite these submissions, the CIT(A) upheld the AO's addition, leading to the appellant's grievance.

3. Ignorance of Revenue Authority's Orders on Stamp Duty Evasion:
The appellant contended that the CIT(A) overlooked the orders of the Collector, who had determined that there was evasion of stamp duty by the purchaser of the land. The Collector's findings supported the appellant's claim of receiving a higher sale consideration than what was recorded in the sale deed. The appellant argued that this should have been considered by the CIT(A) in their decision.

4. Ignorance of Documentary Evidence of Rs. 3,50,000/- Paid by Cheque:
The appellant highlighted that the CIT(A) ignored documentary evidence showing an additional payment of Rs. 3,50,000/- by cheque over and above the registered amount of Rs. 17,50,000/-. This payment further corroborated the appellant's claim of receiving a higher sale consideration, which was not acknowledged by the CIT(A).

5. Ignorance of Documentary Evidence Submitted During Proceedings:
The appellant submitted various documentary evidences during the proceedings, including affidavits and bank statements, which were not adequately considered by the CIT(A). The appellant argued that these documents substantiated their claim of receiving the full sale consideration, and the CIT(A) failed to rebut this evidence.

Tribunal's Findings:

The Tribunal found merit in the appellant's submissions. It noted that the agreements to sell and the power of attorney indicated a total sale consideration of Rs. 55,78,875/-. The Tribunal also acknowledged the affidavit of Shri Ved Parkash, a witness to the agreements, which supported the appellant's claim. Furthermore, the Tribunal observed that the Collector's order regarding stamp duty evasion corroborated the appellant's claim of receiving a higher sale consideration.

The Tribunal criticized the AO for not confronting the purchaser, Smt. Kulwant Gupta, with the agreements and for not taking action against her despite a specific complaint. The Tribunal concluded that the cash deposits were indeed from the sale proceeds of agricultural land and set aside the CIT(A)'s order, deleting the addition of Rs. 28,20,000/-.

Conclusion:
The appeal was allowed, and the addition of Rs. 28,20,000/- as unexplained deposits was deleted. The Tribunal's decision was pronounced in the open court on 23.8.2013.

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