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        Case ID :

        2017 (7) TMI 1140 - AT - Income Tax

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        Registered sale deed prevails over uncorroborated higher consideration claim, leaving cash source and bank deposits unexplained. Registered sale deeds were treated as the conclusive record of consideration for agricultural land transactions, and an unregistered, plain-paper ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Registered sale deed prevails over uncorroborated higher consideration claim, leaving cash source and bank deposits unexplained.

                            Registered sale deeds were treated as the conclusive record of consideration for agricultural land transactions, and an unregistered, plain-paper agreement unsupported by the purchaser could not displace them. Oral assertions and uncorroborated material were insufficient to prove a higher sale consideration, so the claimed cash source from the alleged higher amount remained unsubstantiated. In this context, the stated principle is that dependable evidence is required to override the consideration recorded in registered conveyances, and self-serving contrary documents do not establish the source of cash balance or bank deposits.




                            Issues: Whether the assessee had satisfactorily explained the source of the cash balance and bank deposits by relying on an alleged higher sale consideration for agricultural land, despite the registered sale deeds reflecting a lower consideration.

                            Analysis: The alleged sale agreement was on plain paper, was unregistered, and was not signed by the purchaser. The land transactions were covered by registered sale deeds showing consideration of Rs. 2.04 lakhs, and no reliable evidence was produced to show payment of Rs. 12 lakhs. The registered documents were treated as the conclusive evidence of the transaction, and oral or uncorroborated contrary material could not displace their terms. The agreement relied on by the assessee was therefore treated as unreliable and self-serving. The cash balance claimed to arise from the higher alleged consideration remained unsubstantiated.

                            Conclusion: The source of the cash balance and deposits remained unexplained, and the addition was rightly sustained.

                            Final Conclusion: The appeal failed because the assessee could not dislodge the consideration recorded in the registered sale deeds with any credible evidence, and the impugned addition was upheld.

                            Ratio Decidendi: When a registered conveyance fixes the consideration and no dependable evidence supports a higher unregistered claim, the registered document prevails and the contrary amount cannot be accepted as the source of funds.


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                            ActsIncome Tax
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