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of <h1>Tribunal upholds Rs. 43 lakh addition for on-money in land purchase</h1> <h3>Anoop Gopikishan Jaju, Versus ACIT, Jalna Circle,</h3> Anoop Gopikishan Jaju, Versus ACIT, Jalna Circle, - TMI Issues involved: The issues involved in the judgment are the admission of additional grounds by the assessee and the confirmation of the addition of Rs. 43.00 lakh on account of on-money paid for the purchase of land in the name of the assessee's mother.Admission of Additional Grounds: The assessee raised two additional grounds challenging the order passed by the CIT(A). The Tribunal has jurisdiction to examine a question of law arising from the facts found by the authorities below, even if not raised earlier. However, for accepting additional grounds, the relevant facts on the legal issue must be available on record. In this case, the Tribunal found that the relevant facts for deciding the additional grounds were not available, as the assessee failed to substantiate non-compliance by the Revenue. Therefore, the Tribunal did not admit the additional grounds.Confirmation of Addition of On-Money: The main issue raised in the appeal was against the confirmation of the addition of Rs. 43.00 lakh on account of on-money paid by the assessee for the purchase of land in the name of his mother. During a survey, incriminating documents revealed that the assessee paid Rs. 43.00 lakh for the purchase of a plot in his mother's name. The Settlement Commission accepted the additional income declared by the seller, M/s. Mahalaxmi Properties and Developers (MPD), which included the on-money received from the assessee. The Tribunal noted that the assessee did not provide a source for the payment of on-money and failed to inspect the impounded material despite a specific opportunity. The Tribunal concluded that the assessee paid on-money for the purchase of the property in his mother's name, and upheld the addition of Rs. 43.00 lakh.Conclusion: The Tribunal dismissed the appeal, confirming the addition of Rs. 43.00 lakh on account of on-money paid by the assessee for the purchase of land in the name of his mother. The order was pronounced in the Open Court on 23rd June 2023.
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