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TMI Blog2022 (11) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case, Id. CIT(A) has erred both on facts and in law, in rejecting the contention of the assessee, that the initiation of the proceedings under Section 147, read with Section 148, made by A.O. is bad and liable to be quashed as the condition and procedure prescribed under the statute have not been satisfied and complied with. 3. On the facts and circumstances of the case, Id. CIT(A) has erred both on facts and in law, in rejecting the contention of the assessee, that the reassessment proceedings initiated by the learned A.O. are bad in the eye of law as the reasons recorded for the issue of notice under Section 148 are bad in the eye of law and are contrary to the facts. 4. On the facts and circumstances of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the part of the assessee. In these circumstances, I have reasons to believe that income chargeable to tax on account of cash deposited in Saving Bank Account has escaped assessment for the Assessment Year 2012-13. 4. To the notice of the Assessing Officer in this regard, the assessee responded as under:- " I Sarla Devi w/o Late Sh. Mehar Singh resident of VPO : Bandh, Tehsil Israna, Panipat, had sold the agriculture land in VPO Data, Tehl. Hansi, Distt. Hisar of Rs.1,30,75,000/- in the financial year 2011-12. The above registration effected on 13/12/2012 having registry No.6116 of an amount of Rs. 1,30,75,000/-. As per the definition of agricultural land as defined in section 2 of Income tax Act, 1961 that land situated 8 Kilomet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we had purchased agricultural land at Vill. Puther, Distt. Panipat, at Village Bandh Distt. Panipat and a plot at Gohana Distt. Sonepat. Further last two entries of Rs.50 lacs and 11 lacs as mentioned in your notice the source of these two entries is the advance money received from the purchaser of agricultural land at Hansi. Further I have sold the agricultural land and received the amount. I do not have the copy of sale deed. I have only sale certificate already submitted to you. As a widow I am unable to go to Hansi. So far-copy of sale deed you can write to Sub Registrar of Tehsil - Hansi (Hisar)." 6. The Assessing Officer obtained the sale deed and noted that the assessee has sold a land measuring 104 Karna 12 Marla Situated a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plained that the deposit was made out of cash withdrawals and agricultural income. The Ld. AO misunderstanding the facts of the case did not accept the explanation of the assessee and made the addition. Before the Ld. Commissioner of Income Tax (Appeals) [CIT(A)] the assessee made detailed explanation regarding the cash deposits and also filed additional evidences to prove the source of cash deposit. The Ld. CIT(A) sent the matter before the Ld. AO in remand. The detailed remand report of the Ld. AO was received (PB Pg. 13). The Ld. CIT(A) without giving much independent findings, relying on the remand report filed by the Ld. AO, confirmed the addition made by him. Relevant findings of the Ld. CIT(A) are at PB Pg. 16 onwards of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agricultural income in the year under consideration, a certificate from the Tahsildar to prove that the land was agricultural land was also placed on record (PB Pg. 45 to 47). Copy of KhasraGirdawariwas also placed on record (PB Pg. 48 to 50) which evidences that in the year under consideration the land was cultivated by the assessee. There are withdrawals of cash by the assessee on various dates amounting to Rs.7,55,000/- out of which other deposits were made. This situation is too clear from the copy of cash flow statement placed at PB Pg. 39. The Ld. AO in the remand report had mainly raised the issue that there is a difference in the names and amount of sale consideration in agreement to sell and the sale deed. It is to be apprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nference as the purchasers did not respond to his notice u/s 133(6) of the Act for confirming the date of cash payment. Further, the Assessing Officer took adverse inference that the assessee could not produce the person before the Assessing Officer. 12. Upon careful consideration, we find that the assessee had submitted the documents which adequately show the facts that the assessee had received cash advance for sale of land. The Ld. Counsel for the assessee has duly submitted following in paper book with due certificate that it was before the authorities below:- S. No. PARTICULARS PAGE No. 1. Copy of letter from DDIT (Inv.), Panipat dated 08.07.2013 1 2. Copy of reply to DDIT (Inv.), Panipat 2 3. Copy of notice under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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