2010 (11) TMI 1025

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....he crux of arguments on behalf of the Revenue is that there is no finding in the impugned order on admission of additional evidence especially when books of accounts were not produced by the assessee during the assessment proceedings and the alleged agreement with Tajendra Singh & Sons was filed before the learned CIT(A) for which the comments from the AO were not entertained. The impugned order was disputed. On the other hand, the learned counsel for the assessee defended the impugned order and the findings contained therein by further submitting that the case of the assessee was reopened on a complaint from Shri D.N. Shrivastava who through his letter informed the Department about investment of Rs. 1.50 crore on the total land of 3.29 acr....

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.... the learned CIT(A) are reproduced hereunder : "2. The details of Court case No. ECCA/1213/2003, discussed by the learned AO are also enclosed herewith, which is a case of Vijay Bagchi (through D.N. Shrivastava) v. M.P. Government (through Collector, Bhopal) and 8 individuals who include the appellant and Budh Sen Patel the two persons who purchased the said 3.92 acres land in the year 1975. Shri Ram Prakash Patel has signed the submission before the Court on behalf of 8 individuals, it is already reflected on the first page of this counter-reply before the Court in case No. ECCA/1213/2003. 3. The case has been reopened on the ground of the complaint from D.N. Shrivastava the appellant of the above discussed Court case of ....

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....e terms and conditions of the joint venture agreement, nothing prevented him to summon Shri Tajender Singh & Sons and the witnesses whose names and addresses are mentioned at internal p. 3 (p. 22 of the paper book). The assessee has also filed an affidavit before the learned first appellate authority (pp. 23 and 24 of the paper book), which is self-explanatory and the said affidavit has also not been challenged by the Department. Even on 27th Dec., 2007, the assessee appeared before the AO and claimed to have verbally explained to him about the ownership of the land, agreement of joint venture for development of land and conversion of such land into housing area with M/s Tajendra Singh & Sons and even the learned AO in para 2 (p. 2 of the a....