2013 (6) TMI 741

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....4-2011 and arise out of the assessment completed under section 143(3) of the Income-tax Act, 1961. 2. We will first take up the appeal filed by the Revenue in ITA No.1315(Mds)/2011. 3. The first ground raised by the Revenue is that the Commissioner of Income-tax(Appeals) has erred in allowing cash payments of Rs. 3,93,00,000/- made for purchase of lands under clause(g) of Rule 6DD of the Income-tax Rules, 1962. In fact, the payments were made by the assessee for purchase of land. The land was purchased from 67 persons. The assessee had paid by cheque to 12 persons and both in cash and by cheque to 40 persons. Payments were made to the remaining 15 persons in cash. The Commissioner of Income-tax(Appeals) has held that the payments made....

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.... the Income-tax Rules, 1962 while disposing of the first appeal. We do not find any merit in this argument advanced by the Revenue. All the details were furnished before the Assessing Officer himself. No fresh materials were filed before the Commissioner of Income-tax(Appeals). This ground fails. 7. The appeal filed by the Revenue for the assessment year 2008-09 is liable to be dismissed. 8. Next we will consider the appeal filed by the assessee in ITA No.1241(Mds)/2011. 9. The only substantive ground raised by the assessee is that the Commissioner of Income-tax(Appeals) has erred in confirming the disallowance of Rs. 10,25,77,251/- made by the Assessing Officer under section 40A(3) of the Income-tax Act, 1961. The order of the Com....