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TMI Blog2022 (6) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CIT(A) that mere filling of an appeal and filling of an affidavit which are self-serving documents and learned AR at the time of hearing before CIT(A) could not bring any material which could have change the factual position of the case. Thus, based on this observation we uphold of the view of the CIT(A) and the appeal of the assessee is dismissed. - ITA No. 108/BIL/2017 - - - Dated:- 2-6-2022 - Shri Ravish Sood, Judicial Member And Shri Rathod Kamlesh Jayantbhai, Accountant Member For the Assessee : None For the Revenue : Shri G.N Singh ORDER PER RATHOD KAMLESH JAYANTBHAI, AM: This appeal is filed by the assessee aggrieved from the order of the Commissioner of Income Tax (Appeal), Bilaspur [ Here in after referred as Ld. CIT(A) ] for the assessment year 2013-14 dated 08.03.2017 which in turn arises from the order passed by the A.O under Section 143(3) of the Income-tax Act, 1961 (in short the Act ) dated 08.03.2016. 2. The hearing of the appeal was concluded through audio-visual medium on account of Government guidelines on account of prevalent situation of Covid-19 Pandemic, both the parties have placed their written as well as oral argum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Details. Khasra No. Rakba Hectare Lagan Kisam 252/2 1.68 A. 0.680 Rs. 1.50 Irrigated matasi efflux 2. One land purchased from Shri Nardha, Jagdalla, Champa, admeasuring 0.433 hectare (46607.732 sq. feet) situated at Gram Jagdalla, P.H. No. 02, Block Baloda, Champa, Distt. Janjgir Champa, for a consideration market by Stamp Valuation Authority at Rs. 60,84,000/- wherein the details of consideration paid at Rs. 5,35,000/- in cash is indicated. Details Khasra No. Rakba Hectare Lagan Kisam 241/1 0.32A 0.129 Rs. 1.00 Irrigated matasi efflux 258/1 0.75A 0.304 Rs. 1.00 Irrigated matasi efflux Total 2 1.07A 0.433 Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... key person, in the event of absence of his father, has categorically accepted sale of land at a consideration price of Rs. 50 lakhs, and has not deviated from any of the facts which his mother, Smt. Chutki Bai has affirmed in her statement. In support of his claim regarding purchase of land made by them with the money received he produced the copy the documentary evidences which were examined and Scanned copies of statement given on oath of Smt. Chutki Bai, wife of Late Nardha and Shri Jaswant Kumar Sonant, son of Late Nardha were also made part of the assessment order by the AO from Page No. 4 to 11. 5.6. As regards, another seller Sh. Mukesh Tiwari has denied the fact of receiving any extra money, other than sale consideration of Rs. 10,00,000/- which has been received in cash at once from the purchaser. On being confronted to justify as to why he has sold the piece of land, whose sale price, as per Stamp Valuation Authority comes to Rs. 95,54,000/- on a meagre consideration of Rs. 10,00,000/. In response, Sh. Mukesh Tiwari submitted that his land did not have the approach road and one has to go through the land of others. Due to this constraint, he was left with no option but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their statement as to transaction of your assessee with Nardha has no relevance or connection whatsoever. Your assessee specifically deny that your assessee had purchased the land from Nardha for Rs. 50,00,000/- and your assessee is taking necessary suitable action Smt. Chutki bai and Jaswant Kumar Sonat for concocting a conspiracy against the assessee. 6. Your assessee request you to kindly adjourn the hearing to enable your assessee to bring to your knowledge that their statement is false and cannot be relied upon, please call for Dilesurywanshi to take his statement for examination. Please also examine the document of purchase of land for Rs. 13-14 lacs already submitted to you which will establish that they themselves have been investing money and to suit their own doings they are trying to implicate your assessee. From the statement you will observe that both the heir have give stereo typed answers to your questions which clearly goes to suggest that their statement has been given without any knowledge of facts in order to save themselves from the consequence. 7. Please not that the difference amount should not be added to income on your assessee on the basis of thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been recorded in presence of two witnesses Shri Chandra Kumar and Shri Vyas Narayan. The assessing officer has passed the order on 08.03.2016 whereas he had recorded statement of legal heir of Shri Nardha on 10.02.2016. The statement recorded by the AO was confronted by the AO to the assessee and it was incumbent upon the assessee to request the AO to call the witnesses for cross examination which he did not do. Rather he had alleged the legal heirs of the seller of the land with the theory of the conspiracy. One legal heir is ill-literate and she is wife of the deceased seller. The another legal heir is 30 years age and the land was not acquired by Shri Nardha by his own money. Since the land under consideration is the ancestral land no objection of all coparcener was required, hence the dependent of the decease seller used to accompany him during his life time for security purposes. The question no. 5 is important for notice because answer of this question speaks that the assessee use to live in the Bungalow and they were carried by the deceased seller for the purpose of witness. Since the wife had right to maintenance during life time of Shri Nardha and other sons being copar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ld. DR supported the orders of the lower tax authority and the conviction of Ld. CIT(A). 10. When the case listed for hearing neither the application for adjournment was filed nor the paper book contending the various grounds was filed. On earlier two occasion when the case were listed no one appeared and thus, considering this aspect this appeal is decided based on the set of facts appearing from the findings of the lower authorities. In this appeal the assessee has mainly challenged the addition of Rs. 45,00,000 made by the assessing officer and sustained by the ld. CIT(A) based on the finding given in his order. 11. Before attending any further findings, we deem it fit to cull out the provisions of Section 69B of the Act upon which the addition was made and sustained by the lower authorities Amount of investments, etc., not fully disclosed in books of account. 69B. Where in any financial year the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, and the 57[Assessing] Officer finds that the amount expended on making such investments or in acquiring such bullion, jewellery or other valuable article ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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