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TMI Blog2013 (3) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... hat extra consideration had flowed in the transaction of purchase of property, the report of the DVO cannot form the basis of any addition on the part of the revenue. As in the present case there is no evidence other than the report of the DVO and, therefore, the same cannot be relied upon for making an addition - in favour of the assessee. - ITA No.434/2012 - - - Dated:- 6-3-2013 - Badar Durrez Ahmed and R V Easwar, JJ For the Appellant: Mr Sanjeev Rajpal, Sr. Standing Counsel For the Respondent: Mr Piyush Kaushik, Adv. JUDGEMENT:- 1. This appeal has been filed by the revenue under section 260A of the Income Tax Act, 1961 (hereinafter referred to as the said Act) being aggrieved by the order dated 30.11.2011 passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to be Rs.3,41,33,000/- as against the declared value of Rs.59,50,000/-. The difference of Rs.2,81,83,000/- was added by the assessing officer by invoking the provisions of Section 69B of the said Act. 3. Being aggrieved by the said addition the respondent assessee preferred an appeal before the CIT (Appeals) who deleted the said addition after referring to the decision K.P. Varghese v. ITO: (1981) 131 ITR 597 (SC) The Commissioner of Income Tax (Appeals) held that the addition had been made on the basis of the valuation report without there being any other material to indicate that any extra consideration had passed in respect of the said purchase of property. Thereafter, the revenue, being aggrieved by the order passed by the CIT (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er decision of a Division Bench of this Court in CIT v. Smt. Suraj Devi: (2010) 328 ITR 604 (Delhi) wherein this Court held that the primary burden of proof with regard to concealment of income was on the revenue and it was only when the said burden was discharged that reliance could be placed on the valuation report of the DVO. There are several other decisions of this Court in the same vein. One such case being the case of CIT v. Vinod Singhal: (ITA No.482/2010 decided on 05.05.2010) where, again, reliance was placed on the very same decision of the Supreme Court in K. P. Varghese (supra) and also on a decision of this Court in CIT v. Smt. Shakuntala Devi: (2009) 316 ITR 46 .It was observed that there must be a finding that the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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