Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2009 (3) TMI 5

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssessee stand fully corroborated by documentary evidence - onus whether the Assessee had received more consideration than what was stated in the documents of transfer rested on the Revenue –additions were rightly deleted - 345 of 2007 - - - Dated:- 2-3-2009 - JUSTICE VIKRAMAJIT SEN and JUSTICE RAJIV SHAKDHER Ms. P.L. Bansal, Adv. for the appellant. Dr. Rakesh Gupta, Adv. for the respond .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... T was satisfied since the transaction was through banking channels. There was no justification for the said addition. Learned counsel for the Revenue has laboured upon the fact that the documents of Conveyance were not found in order. 2. This Court ought not to interfere in the findings of fact arrived at by the ITAT unless these are perverse in nature. ( See K. Ravindranathan Nair vs CIT, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... m of the Asseessee having received more than what is declared or disclosed by him as a consideration on the Revenue. The ITAT has opined that the investments shown by the Assessee stand fully corroborated by documentary evidence. We find no error in the approach of the ITAT. This is also essentially a determination of facts which we must abjure from entering upon. 4. Thirdly, learned counsel .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... address and particulars of the purchaser had been furnished by the Assessee but the AO made no inquiries. As in the other two cases the controversy centres around the questions of fact. We find no error in the Order of the ITAT on the third ground also. 5. It may be relevant to note that a Division Bench of this Court, comprising Dr. Arijit Pasayat and D.K. Jain, JJ., as their Lordships then w .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates