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TMI Blog2019 (4) TMI 2155X X X X Extracts X X X X X X X X Extracts X X X X ..... h, (Jaisinghpura Muhana Road), Bhankrota, Tehsil Sanganer, Jaipur. Total size of Plot was Rs. 233.33 Sq. Yards. The consideration of the Plot was negotiated @ Rs. 1150/- per Sq. Yards and total amount was Rs. 268330/- The plot was purchased through Rajasthan Tehsildar Sewa Parishad and advance money of Rs. 30000/- was paid in the F.Y. 2006- 07. All the terms and conditions were settled between the assessee and Rajasthan Tehsildar Sewa Parishad. Balance amount of consideration was paid during the F.Y. 2008-09. 5. The A.O. reopened the assessment as per information received from Investigation Wing, Jaipur by the A.O., one Sh. Madan Mohan Gupta has accepted on money receipt on sale of Revenue Residency Scheme which is Rs. 2000/- per square yard. On the basis of the information as mentioned above, the A.O. added a sum of Rs. 466660/- to the income of the assessee as unexplained money/ investment. 6. I have considered the rival contentions and carefully gone through the orders of the authorities below and found that under similar facts, the addition made on account of on money was deleted after following the observation made in the case of Dhirendra Singh Vs. ITO in ITA No. 1273/JP/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the remaining profit of Rs. 1,60,96,000/- is not his profit but profit of the Parishad but to purchase peace of mind, he has surrendered this amount in his hand. Thus, from the reading of the statement of Shri Madan Mohan Gupta and the papers found from him, it is evident that there is nothing to suggest that allottees of the plot have paid any 'on-money' on purchase of the plot. In fact, the assessee has not purchased any plot from Shri Madan Mohan Gupta rather he was allotted the plot by the Rajasthan Tehsildar Sewa Parishad and thus, there is no privity of contract between the assessee and Shri Madan Mohan Gupta. Therefore, no question of payment of alleged 'on-money' by the assessee to Shri Madan Mohan Gupta arises for consideration. 8. I also observe that Annexure-A-3 referred by the Assessing Officer in his order is a register where the details of the plot allotted to various persons is noted. As per this register, the name & address of the person to whom the plots were allotted, the area of the plot, the amount receivable from these persons at the rate of Rs. 1,150 per sq. yard, and the amount due to them after adjusting Rs.30,000/- received from the Rajasthan Tehsildar S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 233.33 Sq.Yards 9. In reply to the same, assessee submitted as under:- "a. That the allegation of the Id.AO is baseless and imaginary and not maintainable. b. The ld. AO has relied upon the statement of Shri Madan Mohan Gupta recorded by the I.T. Authorities on 23.05.2013 during the course of search. But from reading the reply given by Shri Madan Mohan Gupta in the statement, it is clearly conveyed that Shri Madan Mohan Gupta sold the land for Rs.1150/- per Sq.Yard. and the appellant paid as purchase consideration to the seller Madan Mohan Gupta a sum of Rs.2,71,000/-. c. That the entire fabric being woven against the appellant for treating the alleged payment of on money go around the statement of Shri Madan Mohan Gupta. It is submitted that after thought statement carry no weight under the law and they are against the spirit of natural justice because they have no evidence value. d. That except the above statement of Shri Madan Mohan Gupta there was no supporting evidence available with the Id.AO which could corroborate that on money of Rs.4,66,660/- was paid by the appellant to Shri Madan Mohan Gupta. e. That while making the allegation the Ld.AO has relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rossexamination. That apart, the Adjudicating Authority simply relied upon the price list as maintained at the depot to determine the price for the purpose of levy of excise duty. Whether the goods were, in fact, sold to the said dealers/witnesses at the price which is mentioned in the price list itself could be the subject matter of cross-examination. Therefore, it was not for the Adjudicating Authority to presuppose as to what could be the subject matter of the cross-examination and make the remarks as mentioned above." 12. Reliance can also be placed on the on the decision of Bombay High Court in the case of Ashish international in 1TA No.4299/Murn/2009 dated 22/02/2011, wherein Court held as under:- "The question raised in this appeal is, -whether the Tribunal justified in deleting the addition on account of bogus purchases allegedly made by the appellant from M/s. Thakkar Agro Industrial Chem Supplies P. Ltd. According to the revenue, the Director of M/s. Thakkar Agro Industrial Chem Supplies P.Ltd. in his statement had stated that there were no sales/ purchases but the transactions were only accommodation bills not involving any transactions. The Tribunal has recorded a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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