2015 (4) TMI 57

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....st the judgment of the Income Tax Appellate Tribunal whereby an amount of Rs. 2,83,01,868/- though accepted by the Tribunal as well as the Commissioner of Income Tax (Appeals) as the amount which was received by Mr Chotu Sab and his family members for purchase of 3 acres 7 guntas land, but the whole of it has not been accepted to have been paid by the assessee. The dispute in the present appeal i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and surmises when proof of Rs. 1,27,00,000/- only was shown and the balance Rs. 1,56,01,868/- had not been proved by the assessee by adducing any cogent evidence and consequently recorded a perverse finding. Whether the appellate authorities were correct in holding that the burden of demonstrating that a sum of Rs. 1,56,01,868/- and not been paid had to be established by the revenue by adducing ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was adduced before the authorities below. It has also been submitted that the Department has assessed the sellers Mr Chotu Sab and his family members on the amount of Rs. 2.83 crores and odd and the matter relating to the liability of payment of tax on the said amount by the sellers, as to whether the same had been paid to the partnership firm said to have been constituted by the sellers or to th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t the Department itself has accepted the payment of Rs. 2.83 crores and odd to the sellers Mr Chotu Sab and his family members and assessed them on the said amount for payment of capital gains, the contention of the learned counsel for the appellants that the burden of proof of payment by the respondent - assessee should not be shifted on the Revenue, is not worthy of acceptance. The respondent ha....