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TMI Blog2017 (10) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of these facts, we are of the view that to decide the issue in right perspective, further inquiries with regard to the claim of assessee that property was received as gift and no consideration was paid are required. Hence, the matter is restored back to the file of Assessing Officer to be decided afresh in the light of above observations. Appeal of the assessee is allowed for statistical purposes only. - ITA No. 417/JP/2017 - - - Dated:- 13-10-2017 - SHRI BHAGCHAND, AM AND SHRI KUL BHARAT, JM For The Assessee : Shri P . C . Parwal ( CA ) For The Revenue : Shri R . A . Verma ( Addl . CIT ) ORDER PER : BHAGCHAND, A . M . This is an appeal filed by the assessee emanates from the order of the ld. CIT(A), Alwar dated 09/03/2017 for the A.Y. 2011-12, wherein the assessee has sole effective ground, which is as under: 1 . The ld . CIT ( A ) has erred on facts and in law in confirming the action of A . O . in holding that assessee has made investment of Rs . 61,68,910 /- on purchase of land at village - Thada, Tehsil, Tijara, out of the undisclosed sources ignoring that the assessee rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment proceedings and now when Sh . Deepchand is no more alive, no cross verification of the claim is possible . Therefore, in my considered view, the A . O is justified in treating the amount of Rs . 61,68,910 /- as undisclosed investment in the hand of the appellant and the same is sustained . Accordingly, the appellant s ground of appeal on this issue is dismissed . 4. Now the assessee is in appeal before the ITAT. While pleading on behalf of the assessee, the ld AR has submitted that the assessee is an uneducated lady, residing at village Thada, Tehsil, Tijara, Alwar. She was not having any source of income. Her husband Shri Rambir Singh is working in Central Reserve Police Force (CRPF) as Head Constable. The brother of the assessee s father in law Shri Deep Chand was unmarried and not having any child. He has given all his movable and immovable property located anywhere in India to Shri Rambir Singh, son of his brothr Sheoram and to his wife. Shri Rambir Singh and Kanta Devi were taking care of Shri Deep Chand as he was an aged person. Shri Deep Chand was decided to transfer his legal title of agricultural land owned by him in favour of Shri Rambir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was completed on 16 . 03 . 2015 . Therefore, the observation of Ld . CIT ( A ) that the affidavit of Sh . Deepchand was not filed during assessment proceedings is incorrect . ( d ) In support of the fact that no consideration passed on the execution of sale deed, the affidavit of the two witnesses to the sale deed namely Sh . Hemant and Sh . Deshraj is enclosed . In the affidavit they have also confirmed that no consideration was passed on execution of sale deed as instead of gift deed, sale deed was wrongly executed . ( e ) It is also submitted that this matter was also investigated by the Investigation Wing of the department somewhere in the month of August, 2014 . The investigating officer at that time recorded the statement of the assessee and her husband Sh . Rambir . Sh . Deepchand was also produced at that time but his statement was not recorded . In these statements also, the facts stated above were stated . This fact can also be verified by calling the records from the office of the Investigation Wing . In these statement, Sh . Rambir explained that the expenditure of Rs . 2,88,910 /- was paid b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO to deal with the investment as income of the assessee and that it did not make it mandatory on his part to deal with the investment as income of the assessee as soon as the latter s explanation happened to be rejected . According to the High Court, the Tribunal had not committed any error in taking into account the complete absence of resources of the assessee and also the fact that having regard to her age and the circumstances in which she was placed she could not be credited with having made any income of her own and in these circumstances the Tribunal was right in refusing to make an addition of the value of the investments to the income of the assessee . Ld . counsel appearing for the Revenue, has urged that the Tribunal as well as the High Court were in error in their interpretation of s . 69 of the Act . It was held by Hon ble Supreme Court as under :- We are unable to agree . As pointed out by the Tribunal, in the corresponding clause in the Bill which was introduced in Parliament, the word shall had been used but during the course of consideration of the Bill and on the recommendation of the Select Committee, the said word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rambir Singh is husband of the assessee. Shri Rambir Singh and Smt. Kanta Devi were taking care of Shri Deep Chand since long, who was an old person. Shri Deep Chand, son of Shri Tejram, who is shown as seller of the property to the assessee, has filed an affidavit stating that he is an old man and uneducated person. He was unmarred. He was not having any successor. Rambir Singh and his wife Kanta Devi (assessee) were taking care of him. He had gifted all his property in the name of Rambir Singh and Kanta Devi (assessee). It is pertinent to note that Shri Deep Chand has categorically clearly stated that the land was given as a gift to the assessee. As per the registered Will, all properties i.e. movable and immovable located in India are to devolve in favour of Shri Rambir Singh husband of the assessee. The ld. CIT(A) has not asked report of A.O. on the veracity of content of the affidavit submitted by Shri Deep Chand. No inquiries were made with regard to sale deed executed instead of gift deed in favour of the assessee whether it was due to bonafide mistake whether the sale consideration mentioned therein was genuine mentioned. In view of these facts, we are of the view that to d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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