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TMI Blog2015 (12) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... rge the burden cast on him to lead any credible evidence to support his plea about the plot and transfer of the same. Non-discharging of the burden to prove the eligibility of any claim will disentitle the assessee from availing the same. Apropos claim of cross examination, find merit in the arguments of the ld. DR that there is no universal rule to provide cross-examination in each and every case, more so when evidence on record is palpable against the assessee. Even if the evidence of Surendra Kumar Sen is excluded, the evidence on record is clinched against the assessee. In view thereof, the cross examination of Shri Surendra Kumar Sen becomes irrelevant as sufficient material is on record even if the statement of vendee is ignored. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ropos Ground No. 2, brief facts are that as per the registered sale deed executed by the assessee, only a plot of the of land was sold. However, in the computation of income, the assessee while offering capital gains thereon, claimed that he has incurred the cost of construction of ₹ 2.50 lacs for leveling of land, construction of boundary wall, one room, kitchen and lat bath, the work was completed on 31-01-2008. The AO during assessment proceedings inquired about the sale deed mentioning only sale of plot and asked the assessee to submit the details, evidence and sources for claim of alleged cost of construction incurred during the year 2007-08. Besides the details and evidence of the investment in house property for claim of exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urendra Kumar Sen is not tenable. Copy of his statements were supplied to the assessee. He is the buyer of the plot sold by the assessee. His statements are supported with documentary evidence in the form of registered sale deed which has also been signed by the assessee. (c) Regarding application of Section 50C also, the submissions of ld. AR do not help the assessee. Section 50C is deeming provision which is mandatory in nature. Therefore, for the purpose of computing capital gains, sale consideration is taken to be ₹ 8,68230/- as adopted by the stamp authority. (d) As regards contention of selling leasing rights in plot and not the land itself, it is clear from the language of the sale deed dated 15-02-2008 that plot of land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denied any construction on the plot of land purchased by him. He even denied having boundary wall on the plot of land which clearly shows that appellant s claim of construction of house on the plot of land is false and consequently the claim of deduction u/s 54 is also incorrect. Assessing Officer provided copy of statement of buyer to the appellant. Appellant did not ask for any cross examination of the buyer and therefore, statement of buyer has become final. The appellant s arguments with judicial decision that without cross-examination, statement recorded has no evidentiary value is not applicable in the case of appellant since appellant never asked for cross-examination of the buyer and therefore, AO could not have allowed such opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or; no evidence of TDS deducted on the contract amount has been given. Both of them were not produced before the AO to substantiate the affidavit. The sale deed is a registered document on the basis of which rights of immovable property are transferred and there no reference at all about alleged construction of house thereon. Therefore, the assertions of the assessee are totally unsubstantiated. The overwhelming evidences available on record demonstrated that no house was constructed. Once there is sufficient evidence on record to establish these facts against the assessee then there is no necessity of cross examination. Since the assessee failed to produce Moolchand, his affidavit has no evidentiary value. In view thereof, it is an establi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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