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TMI Blog2012 (12) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income Tax(Appeals). Assessee has to be given a chance for explaining the mismatch of dates and justify how the bokiyam receipts could be considered as a source of investment for the supri street property - in favour of assessee for statistical purposes. - S.P. No.42/Mds/2012 & ITA No.18/Mds./2012 - - - Dated:- 1-6-2012 - SHRI ABRAHAM P.GEORGE AND SHRI VIKAS AWASTHY, JJ. Appellant by : Shri S. Sridahar, Advocate Respondent by : Dr.Yogesh Kamat, JCIT, DR O R D E R PER ABRAHAM P.GEORGE ACCOUNTANT MEMBER: Assessee has filed this Stay Petition praying for stay of recovery of a demand of Rs.14,09,411/-, emanating from an assessment done for assessment year 2008-09. Assessee has also filed an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r after verifying the details furnished accepted the claim of the source with regard to the purchase of property at Karuppa Gounder street. except for a sum of Rs.3,30,000/- being excess stamp duty not included by the assessee in the cost work-out. However, so far as property at Supri street, Coimbatore was concerned, Assessing Officer was of the opinion that claim of bokiyam amount of Rs.20,50,000/- shown by the assessee as a source could not be accepted. According to him, the sums were received after the registration of the purchase deed of the property and hence bokiyam agreements, which were produced as evidence for receipt of bokiyam amount could not be believed. As per Assessing Officer, assessee had paid for the purchase cost of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clearly mentioned that the bokiyam amounts were paid by the tenants only on 26.03.08 and in the sworn statement also the concerned tenants mentioned the date as on 23.06.08. Therefore, the claim of assessee, that the bokiyam amounts were received in advance on 31.12.07, 20.01.08 and 10.02.08 could not be believed. Commissioner of Income Tax(Appeals) was of the opinion the remand report of the Assessing Officer and also the disparities in the dates, as between the statements given by the tenants and the affidavits filed by them, supported the action of the Assessing Officer. As per the Commissioner of Income Tax(Appeals), each person had confirmed the dates on which they had made the bokiyam payments and assessee having not maintained any b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es as per the agreements and those mentioned by the concerned tenants in their statements were considered, it would clearly establish that the affidavits were not reliable. It is clear that the payments were effected by such persons were after the registration of the property. Therefore, according to him, Commissioner of Income Tax(Appeals) was justified in confirming the additions made by the Assessing Officer. 6. We have perused the orders of the authorities below and heard the rival contentions. There is no dispute that the dates as mentioned in the bokiyam agreements and in the statements recorded from the tenants were not tallying with those given in their respective affidavits. However, as per the assessee, the disparity or the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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