9911796707
TMI Blog2023 (9) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. Income Tax Officer, Ward-2, Phagwara, [in brevity ' the AO'] order passed u/s 144/147 of the Act. 2. The assessee has taken the following grounds: "1. That the re-opening of case is bad-in-law being reopening merely on the basis of Cash Deposits is invalid, voidab initio, bad-in-law and is a borrowed satisfaction. 2. That issue of notice by A.O u/s 148 is bad-in-law being it is without recording any independent satisfaction, application of his own mind to the information & does not lead to valid justification. 3. That the Id. A.O has not issued notice u/s 143(2) before framing assessment, which leads to assessment void abnitio. 4. That sanction of Principal CIT for re-opening u/s 147/148 is mechanical in nature, invalid & b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account amount to Rs. 90,17,000/-. The assessee claimed that the amount was received from sale of the property. The said amount, which was deposited in PNB, Phillaur Branch, bearing a/c no. 0384000105228751. The ld. AO had assessed the said amount as unexplained cash deposit and addition was confirmed u/s 69A of the Act. During the assessment, further the addition was made on undisclosed interest income amount to Rs. 60,996/- with the total income of the assessee. Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) after considering the submission of the assessee upheld the order of the ld. AO. Being aggrieved, the assessee filed the appeal before us. 5. The ld. AR first placed the amended ground no-4 which is duly acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id by him. 4. We have thoughtfully considered the submissions made by the learned Counsel and are of the view that they do not warrant acceptance. There is well known principle that no oral evidence is admissible once the document contains all the terms and conditions. Sections 91 and 92 of the Indian Evidence Act, 1872 (for brevity 'the 1872 Act') incorporate the aforesaid principle. According to Section 91 of the Act when terms of a contracts, grants or other dispositions of property has been reduced to the form of a documents then no evidence is permissible to be given in proof of any such terms of such grant or disposition of the property except the document itself or the secondary evidence thereof. According to Section 92 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered sale deed. Thus the plea of the assessee that cash deposits represent sale consideration received over and above the registered sale deed is dismissed. The addition made by the assessing officer is confirmed. Grounds of appeal of the assessee are dismissed." 7. We heard the rival submission and relied on the documents available in the record. The issue was grabbed up such a way that the revenue is claiming that the registered deed is duly showing the consideration Rs. 24,65,000/- related to sale of property. Whereas the assessee deposited cash in the bank account amount to Rs. 90,17,000/-. The addition of interest amount to Rs. 60,996/- was agitated by the assessee before the bench. The ld. AR argued that the addition of cash depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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