TaxTMI 
TaxTMI 
2015 (10) TMI 178
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....nexplained cash deposits in bank. 2. Ld. CIT(A) failed to appreciate that the AO has rightly considered so called agreement to be of not much evidenciary value after proper application of mind. 3. Ld. CIT(A) failed to appreciate that the so called agreement was not registered with any authority. 4. Ld. CIT failed to appreciate that the assessee is not the owner of the land and no POA has been filed with the agreement nor produced later on during the course of proceedings. 5. Ld. CIT (A) failed to appreciate that Assessee failed to produce receipts in token of payment the amount of advance of Rs. 43.00 lacs. 6. Ld. CIT(A) failed to appreciate that the so called purchasers shown in the said agreement were not produced by the as....
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....Sh. Prem Nath s/o Sh. Dhalu Ram Village Surera Khera Tehsil Dabwali 2 Sh. Ravi Parkash s/o Sh. Bhim Singh, VPO Surera Khera Tehsil Dabwali 3 Sh. Sarjeet Singh s/o Sh. Balram Village Rajrana Tehsil Sardulgarh Distt. Mansa 4 Sh. Puran chand s/o Sh. Dhalu Village Surera Khera Tehsil Dabwali 5. The assessee was asked to produce these persons. After taking some adjournments ultimately affidavits of these persons were filed and the affidavits stated as under:- 1. That I am permanent resident of Village Sukhera Khera (in the case of Sh. Surjit Singh, Village Karandi) and purely agriculturist. 2. That my source of income is from agriculture and I am not assessed to income tax. 3. That an agreement to purchase....
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.... given for purchase of land was out of my agriculture income. Moreover, the deal could not be materialized and we are not having any dealings with her. So, in the circumstances , it is requested that my personal appearance may kindly be dispensed with as I havealready made my statement through affidavit." 7. On the basis of above the Assessing Officer observed as under:- i) The agreement executed was not registered. ii) Affidavits by itself does not state the amount paid. iii) The affidavit did not give source of the amount iv) Shri Shakun Mehta was not owner of the land still some persons have agreed to purchase the said land. v) It was stated that Smt. Shakun Meha i.e. assessee was holding Power of Attorney for the land ....
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.... purchaser knew this fact. The purchasers have confirmed the fact of entering into agreement and the assessee had discharged the burden of proving the deal. In view of these observations the Ld. CIT(A) deleted the addition. 10 Before us Ld. DR carried out through the contents of the assessment order and submitted that affidavits filed are basically self serving documents which could not have been entertained by Ld. CIT(A). In this regard he relied on the decision of Hon'ble Supreme Court in the case of CIT Vs. Durga Prasad More 82 ITR 540 (SC) . He further submission that despite of the repeated requests the persons were not produced before the Assessing Officer and therefore, CIT(A) should have insisted on production of these person....
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....ttorney but he simply believed this theory without examining the Power of Attorney. Before us also a copy of Power of Attorney is not filed. It is very difficult to ascertain in what circumstances the Power of Attorney was given by her husband. This fact itself is sufficient to disbelieve the story of Agreement to Sell entered by the assessee. 13. Normally, no purchaser would agree to purchase the land from attorney holder until and unless such Attorney is duly registered or the persons owning the land becomes a confirming party in the Agreement to sell. As observed above, Power of Attorney has no been filed before us and the perusal of the Agreement to sell clearly shows that Shri I.D. Mehta who is husband of the assessee is not a confi....