https://www.taxtmi.com/caselaws?id=445849 ITAT Rajkot dismissed Revenue's appeal regarding additions under section 69B for unexplained cash payments towards land purchase. The assessee was denied cross-examination of the land seller and record keeper during assessment proceedings. The AO attempted to correlate an Agreement for Sale with excel sheets recovered from digital data, but the person maintaining records was not involved in preparing them. The Tribunal found no independent materials proving cash payment for land purchase. The assessee was not party to the disputed agreement dated 05.05.2011, and her husband became company director only in January 2014, after the agreement. The AO failed to refer the matter for land valuation. The Tribunal quashed the entire proceeding as void ab initio, finding the reopening was based on incorrect facts. The assessee's appeal was allowed. en-us Thu, 16 Nov 2023 00:00:00 +0530 Mon, 20 Nov 2023 21:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445849 ITAT Rajkot dismissed Revenue's appeal regarding additions under section 69B for unexplained cash payments towards land purchase. The assessee was denied cross-examination of the land seller and record keeper during assessment proceedings. The AO attempted to correlate an Agreement for Sale with excel sheets recovered from digital data, but the person maintaining records was not involved in preparing them. The Tribunal found no independent materials proving cash payment for land purchase. The assessee was not party to the disputed agreement dated 05.05.2011, and her husband became company director only in January 2014, after the agreement. The AO failed to refer the matter for land valuation. The Tribunal quashed the entire proceeding as void ab initio, finding the reopening was based on incorrect facts. The assessee's appeal was allowed. Case-Laws Income Tax Thu, 16 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445849