2015 (11) TMI 1072

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....e appeal. 2. The case of the Petitioner is that the Petitioner filed Income Tax Return for the assessment year 2012-13 on 27.3.2013, admitting an income of Rs. 3,57,010/-.   The Petitioner purchased UDS of 1189 sq.ft. with 139 sq.ft. common passage and buildings thereon, comprised in S.No.207/24, New T.S.No.22 Part, Block No.30, Koyambedu Village, Chennai, by a registered sale deed dated 3.2.2006 for a total sale consideration of Rs. 25,09,940/-.  Later,  the Petitioner came to know that there was  a title dispute in the said lands between the Tamil Nadu Housing Board and one S.Gowri, which was settled out of court in the year 2011, pursuant to which, a sale deed dated 12.05.2011 was executed in respect of 6.06 g....

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....ntended that the defect in the title due to the change in the area of the property was sought to be rectified by the Petitioner by the sale deed dated 12.08.2011 and after rectification, the properties conveyed under the two sale deeds are one and the same  and that the Petitioner has not paid any consideration as stated in the sale deed dated 29.12.2011, which was confirmed by the vendors and the addition of Rs. 9,00,000/- is unwarranted, as the same has been explained.  The learned counsel for the Petitioner has submitted that  the Petitioner is willing to pursue the appeal and to pay a substantial sum, as a condition to stay the recovery proceedings, till the disposal of the appeal. 4. On the above averments and the sub....