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TMI Blog2015 (8) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... he case. That the appellant is a aged farmer and he did not have any other source of income. 3. That the Ld. CIT(A) Meerut did not consider the provision of section 50-C of the I.T. Act, 1961. 4. That the Ld. CIT(A), Meerut did not realize that the appellant (Mahavir Singh) share in total sale consideration was only half of it the rest half share belong to his brother. 5. That the Ld. CIT(A), Meerut did not want through the statement of Mrs. Vijay Kumari (Vendee) recorded by the ITO. Mr. V.K. Nigam, carefully, where she has failed to reply the question that now she manage to buy the property worth of Rs. 15,63,000/- for mere Rs. 90,000/- only. She further failed to answer the question no. 12 that besides cheque/ draft of Rs. 90,000/- she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 13,93,000/- was his agricultural income. By various notices and the order sheets notings the assessee was asked to explain and substantiate the source of cash deposits in the bank account and in response thereto, the assessee later on took a stand that the sale consideration of land sold for Rs. 1,80,000, as per the sale deed, was Rs. 15,83,000/- out of which only Rs. 1,80,000/- was received through demand draft and balance of Rs. 14,93,000/- was received in cash. It was further submitted that out of the aforesaid sale consideration assessee also purchased the another agricultural land for Rs. 13,32,000/-, although the sale consideration in this Deed was shown as lower price of Rs. 6,60,000/-. The assessee subsequently asked to expla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the savings bank account. The AO accordingly made an addition of Rs. 14,93,000/- on account of unexplained deposits in the bank. 4. Aggrieved with the order of the Assessing Officer, Assessee preferred an appeal before the Ld. CIT(A) and filed an affidavit in support of his contentions. The Ld. CIT(A) reexamined the issues, but was not convinced with the explanation of the assessee and he accordingly confirmed the additions. 5. Now the assesee is before the Tribunal and reiterated his contentions. 6. It was contended on behalf of the assese that it is a general practice that market rate of the land are more than the declared value of the land in the sale deed. In support of his contentions he also filed a fresh affidavit reiterating its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/-. Our attention was also invited to the fact that undisputedly the assesee has jointly owned agricultural land, but the entire cash received, according to assessee, was of Rs. 14,93,000/- and was deposited in his bank account. With regard to the case laws relied upon by the assessee, Ld. DR has contended that all these case laws relate to the computation of Capital Gains where the issue in dispute is with regard to the actual sale consideration. So far as the judgment of Allahabd High Court in the case of CIT vs. Intezar Ali (Supra) is concerned, the Ld. DR has contended that in that judgment detailed enquiry was made. Assessee has filed the confirmation of the witness to the Sale Deed and complaint to the Registrar was also made with re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is also filed before us. Except the affidavit of the assessee in support of his contention, no other evidence is available on the basis of which an inference can be drawn in favour of the assessee. Affidavit of assessee is a self serving document, therefore, on the basis of affidavit, the additions made by the AO cannot be deleted. 9. We have also carefully examined the various judgments referred to by the assessee and we find that these judgments are rendered on computation of long term capital gains, but in those judgments there was no dispute with regard to sale consideration received by the assessee. In the case of CIT vs. Intezar Ali (Supra), the dispute raised was with regard to actual sale consideration, but in that case assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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