9911796707
TMI Blog2021 (2) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee company filed its return of income for the assessment year 2012-13 on 29.09.2012 declaring total income at Rs. NIL. The case of the assessee was selected for scrutiny under section 143(3) of the IT Act. The AO while completing the assessment under section 143(3) of the IT Act has made an addition of Rs. 6,50,000/- on account of unexplained investment under section 69B of the IT Act. The assessee challenged the action of the AO before the ld. CIT (A). However, the ld. CIT (A) has upheld the assessment order confirming the addition. 3. We have heard the rival contentions and carefully perused the material available on record, judgments cited by the both the parties as well as the orders passed by the revenue authorities. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not placed any evidence to show that the assessee had made any such investment. In order to support his version, the assessee relied on the decisions of Hon'ble High Courts in the cases of CIT vs. Naresh Khattar (HUF) 261 ITR 664 (Delhi), Smt. Amar Kumari Surana vs. CIT, 226 ITR 344 (Raj.) wherein it was held that the burden is on the revenue to prove the real investments exceeding investments shown in the books of account of the assessee. 3.1. After having gone through the facts of the present case and after perusal of the statements made by the sellers under section 131 of the Act, we find that in the entire statements of the sellers nowhere name of the assessee was mentioned. Apart from recording the statements under section 131, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Rs. 39,12,000/- and Rs. 32,15,000/- were received by Shri Narayan and Shri Ganga Ram respectively. On the contrary, no document or corroborative evidence has been placed on record by the revenue authorities to prove that the investments made exceeded the investments shown in the books of account of the assessee. Therefore, merely stating that the assessee made investments exceeding the amount shown in the sale deed would not fasten any liability on the assessee under section 69B of the IT Act. Therefore, keeping in view the facts of the present case and following the decisions of the Hon'ble High Courts relied on by the ld. Counsel, we delete the addition. 4. In the result, appeal of the assessee is allowed. Order pronounced in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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