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TMI Blog2019 (6) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances of the case, and in law Ld.CIT(A) erred in allowing u/s. 54F only on the basis of the letter furnished by the civil contractor without verifying the genuineness of the contractor and the physical existence of the building. Further Ld.CIT(A) admitted evidence on this issue in violation of Rule 46A without providing opportunity to A.O. 2. On the facts and circumstances of the case the Ld.CIT(A) has erred in deleting the addition of Rs. 1,13,40,000/- on a/c of unaccounted cash credit without appreciating the fact that the assessee has failed to provide any documents and explanation to prove the same as burden of proof lies on the assessee. 2.1 Brief facts leading to the same are that the assessee being resident individual wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e died on 03/01/1996 leaving behind assessee and others as legal heirs. She was holding land being described as 12.5% Goathan at Nagaon and by virtue of government acquisition of land, she was allotted plot admeasuring 2000 Sq. Meter at Dronagiri. During the course of assessment proceedings, the assessee filed sale agreement towards the sale of plot admeasuring 2050 Sq. meter at Dronagiri wherein the plot was stated to be sold for a consideration of 109.67 Lacs. As per the sale agreement, the legal heirs were only four persons including assessee. The assessee also produced irrevocable power of attorney executed during December, 2006 which stated that there were four legal heirs of Srimati Anandibai Narayan Kathe. This was in contrast to dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. first appellate authority, the assessee assailed the addition by submitting that the addition has been made for Rs. 109.67 Lacs even though the assessee had received only Rs. 16.42 Lacs as his share. The copies of allotment letter, sale agreement, distribution agreements, power of attorney etc. were filed in support of the submissions. Upon perusal of Power of Attorney, Ld. first appellate authority concurred with the stand that there were several legal heirs having their legal claims over the plot and the assessee was not the sole owner of the plot. Further, as per Power of Attorney, 4 persons were acting on behalf of the other legal heirs and therefore, there was no contradiction between the sale agreement and the distribution agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional details to show that an amount of Rs. 19,50,000/- has been paid for the construction of the house. In view of the above, and since the appellant fulfills the condition, the claim U/S.54F is allowed. This ground of appeal is therefore allowed. 3.3 The addition of Rs. 113.40 Lacs was deleted, after considering the remand report, by observing as under: - 9.3. I have carefully considered the submissions of the appellant, the assessment order as well as the report under the remand proceedings. Apart from the information received from the JCIT(OSD) Central Circle -39, Mumbai no other information or evidence is with the A.O to come to the conclusion that the appellant has received the cash. The A.O has not done any investigation or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the onus that it did not receive unaccounted cash from the concerned parties. Per Contra, Ld. Authorized Representative for Assessee [AR], submitted that the additions could not be sustained merely on the basis of third-party statements without bringing on record any corroborative evidences. 5.1 We have carefully heard the rival submissions and perused relevant material on record including documents placed in the paper-book. The undisputed fact that emerges are that the stated plot of land was acquired by the assessee by way of inheritance from his mother. The documents on record has established that assessee was not the sole owner of the land under question and it was entitled for share to the extent of Rs. 16.42 Lacs only which has ri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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