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TMI Blog2023 (9) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... count amount to Rs. 90,17,000/-. The addition of interest amount to Rs. 60,996/- was agitated by the assessee before the bench. AR argued that the addition of cash deposit is lack of verification by the revenue authorities, before the appeal and assessment stages. In fact, the said appeal is lack of verification from end of revenue. With consent of both the parties, the matter is remitted back to the AO for further adjudication de novo . Needless to say, the assessee should get a reasonable opportunity of hearing in the setting aside proceeding. - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Appellant : Sh. Tarun Bansal, Adv. For the Respondent : Sh. Vedanshu Tripathi, Sr. DR OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cash deposit relates to some other source. 6. That the assessment framed u/s 144 by A.O is null void being no legal/set procedure is followed for the same, resulting the order of CIT(A) too, null void. 3. The assessee has also filed the following amended ground no-4, U/R 11 of the Income Tax(Appellate Tribunal) Rules, 1963 :- Amended Ground No. 4 That the Ld. A.O and CIT (A) wrongly confirmed addition being made/ confirmed merely on the basis of simple letter of buyer sent to AO, without issuing notice u/s 131 or recording statement of buyer and further ignored all the facts, affidavits, explanations and bank statements of rest of the sellers, who also deposited same cash, who also sold same share of land and all a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttention in APB page 25 where it is reflected that the assessee appeared before the ld. AO on 13.12.2018. But the assessment was completed u/s 144 on dated 25.12.2018. So, as per the ld. AR the framing of assessment under section 144 is uncalled for. 6. The ld. DR vehemently argued and fully relied on the order of the revenue authorities and invited our attention in para 4 of page 17 of the appeal order which is annexed as below: 3. Mr. Ravish J3qod_Jearned Counsel for the appellant has vehemently submitted that the arrangement made between the father of the assessee-appellant and both his uncles should have been given due credence as was rightly done by the CIT(A) and once his uncles have stated on oath that no consideration has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s absolute agreement in writing between the parties where one has to pay the other a principal sum by specified date then the oral agreement that the money was not to be paid till the specified date cannot be proved. Therefore, it follows that no oral agreement contradicting/varying the terms of a document could be offered. Once the aforesaid principal is clear then ostensible sale consideration disclosed in the sale deed dated 24.9.2002 (A.7) has to be accepted and it cannot be contradicted by adducing any oral evidence. Therefore, the order of the Tribunal does not suffer from any legal infirmity in reaching to the conclusion that the amount shown in the registered sale deed was received by the vendors and deserves to be added to the gros ..... X X X X Extracts X X X X X X X X Extracts X X X X
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