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ITAT ruled in favor of the assessee on multiple grounds. Regarding advances from creditors, the Tribunal held that without evidence of actual land sales or suppressed consideration, advances received through banking channels cannot be treated as unaccounted sales. The AO's suspicion based solely on lack of land stock was insufficient. For customer advances, despite some parties being untraceable due to criminal proceedings, the Tribunal found the transactions genuine given supporting documentation including sale deeds, bank statements, and confirmations from most parties. The addition under section 68 was deleted as identity and creditworthiness were established through registered sale deeds. Section 40(a)(ia) disallowance was deleted since the seller had offered the amount to tax. Voluntary disclosure under section 132(4) addition was deleted absent corroborating incriminating material, following CBDT circular guidelines.
ITAT ruled in favor of the assessee on multiple grounds. Regarding advances from creditors, the Tribunal held that without evidence of actual land sales or suppressed consideration, advances received through banking channels cannot be treated as unaccounted sales. The AO's suspicion based solely on lack of land stock was insufficient. For customer advances, despite some parties being untraceable due to criminal proceedings, the Tribunal found the transactions genuine given supporting documentation including sale deeds, bank statements, and confirmations from most parties. The addition under section 68 was deleted as identity and creditworthiness were established through registered sale deeds. Section 40(a)(ia) disallowance was deleted since the seller had offered the amount to tax. Voluntary disclosure under section 132(4) addition was deleted absent corroborating incriminating material, following CBDT circular guidelines.
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