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TMI Blog2016 (9) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the appeal of the assessee. The afore-referred inconsistencies in the stand of the assessee, were noticed which led to the rejection of the appeal of the assessee. Thus, the factual position brought forward by the assessee, to explain the cash deposits made by him in his saving bank accounts, were concurrently considered and rejected by both – the Commissioner as also the Tribunal. After having gone through the same, we find no absurdity or perversity in them warranting any interference on our part. - I. T. A. No. 171 of 2015 - - - Dated:- 5-9-2016 - MR. S. J. VAZIFDAR AND MR. DEEPAK SIBAL, JJ. For The Appellant : Mr. Divya Suri, Advocate For The Respondent : Mr. Yogesh Putney, Advocate DEEPAK SIBAL, J. : Invok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009-10. His case was selected for scrutiny, as a result whereof, he was issued and served upon notices under Sections 142 (1) and 143 (2) of the Act. A detailed questionnaire was also issued, to which the assessee filed his response. The assessee was asked to explain the cash deposits of ₹ 23,34,075/- and ₹ 59,92,750/- made by him in the previous year in his accounts in the State Bank of India and Axis Bank. In response, attempting to explain the afore-referred cash deposits made by him which he claimed to have received from his father Solia Ram, the assessee submitted that his father, along with his brothers (assessee's uncles), through agreement dated 02.08.2008 with one Baldev Singh son of Ram Singh, had agreed to sell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Sweta, whereas the earlier agreements were found to have been entered into between the father of the assessee and his uncles on one side and one Baldev Singh son of Ram Singh on the other. The sale deed dated 30.12.2009 depicted the total sale price to be ₹ 54,12,000/-. There was no reference of any advance paid in the sale deed. When this was compared to the agreement dated 02.08.2008, it was found that in pursuance to such agreement, the advance itself paid by Baldev Singh to the assessee's father and his brothers was ₹ 60,00,000/-. It was further found that the agreement dated 02.08.2008, as also the subsequent agreements, were for 30 kanals, but the final sale deed dated 30.12.2009 was for only 24 kanals 01 marla. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithal. This fact had also come in the statement of his father. When the veracity of the above stand taken by the assessee was gone into by the Commissioner, he found that cash deposits had been made by the assessee in his savings account maintained with Axis Bank to the tune of ₹ 6,00,000/- and ₹ 22,00,000/- on 16.07.2008 and 01.08.2008 respectively, which were prior to the agreement to sell dated 02.08.2008. Thus, the submission of the assessee and the statement of his father were found to be false. The assessee had submitted that initially, the agreement to sell the land had been entered into on 02.08.2008, in pursuance to which, ₹ 60,00,000/- as advance had been received by the assessee's father and his uncles. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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