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TMI Blog2013 (2) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... estions of law:- A. Whether under the facts and circumstances and evidences filed on record, the ITAT was justified in reversing the order of CIT(A) and thereby confirming addition made by the assessing authority by erroneously holding that the appellant failed to adduce corroborative documentary evidence in the form of receipts and bills to the factum of incurring the impugned expenditure for getting the compromise made for the disputed property that too before the Court of Civil Judge (Senior Division), Patiala? B. Whether the order passed by the ITAT confirming the order of authorities below is perverse, against the provisions of law and deserve to be set aside? 2. Briefly stated, the facts necessary for adjudication of the present ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CIT(A). Hence, the present appeal by the assessee. 3. We have heard learned counsel for the appellant. 4. The issue in the present appeal is whether the assessee was entitled to claim deduction of Rs. 3,50,000/- on account of expenses from the sale consideration of Rs. 9,25,000/- received by him from the sale of the shop. 5. The Tribunal while disallowing the claim of the appellant had recorded as under:- "We have carefully perused the facts of the case, rival submissions and the relevant record made available. The AO made the impugned addition on the ground that the assessee has failed to prove the nature and source of Rs.3.50 lacs, allegedly incurred on the settlement of dispute. The ld. CIT(A) also concentrated on the issue o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nference that the statement made in the affidavit cannot be held to be true." 6. The onus was upon the assessee to substantiate that Rs. 3,50,000/- had been spent by him as he had claimed deduction on that account but had failed to produce any material to establish the same. The Tribunal has recorded that the assessee had not adduced any evidence to show that any amount was paid for the settlement of dispute in respect of the property sold by him. The nature and source of Rs. 3,50,000/- had also not been proved. In fact, the expenditure had not been disclosed in the books of account which were produced at the appellate stage by the assessee. An effort was made by the learned counsel for the appellant to re-appreciate the material without p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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