2018 (1) TMI 755

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ition of Rs. 45,00,000/- made on account of unexplained income from undisclosed sources. 2. Whether in the circumstances of the fact of the case and in law, the Ld.CIT(A)-2, Ludhiana was right in admitting the copy of sale agreement of land as valid proof of cash deposits by ignoring the Registered Deed of sale of land. 3. The ld. Sr.DR placed reliance upon the assessment order. The said order, it is noticed has been passed u/s 144 of the Act wherein for want of necessary proof in regard to sale of specific agricultural land where in the bank account of the assessee, cash deposits totaling Rs. 45 lacs were noticed ( Rs. 9,00,000/-+ Rs. 9,00,000/- + Rs. 9,00,000/- + Rs. 9,00,000/- + Rs. 9,00,000/- ). Since the assessee initially ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er. Heavy reliance was placed on para 4.5 to 4.7 of the impugned order. The said paras are reproduced hereunder for ready reference : "4.5 I have carefully considered the appellant's submission. During the course of appellate proceedings, the Appellant contended that he had deposited of Rs. 45,00,000/- on dated 14.11.2011 in account no. 65070334459 maintained with State Bank of Patiaia- Malerkotla branch, was against advance payment received as per agreement for sale of agriculture land situated at Village Jattuan, Malerkotla executed between appellant and Sh. Rachpal Singh S/o Sh. Chanranjit Singh. Copy of agreement dated 13.11.2011 was also produced by the appellant during the course of appellate proceedings. Persual of copy ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....13.11.2011. Therefore, the disallowance made by the AO is deleted. This ground of appeal is allowed." 6. I have heard the submissions and perused the material available on record. As noticed from the extract of the remand report of the AO extracted in para 4.3 of the impugned order which extract has also been reproduced in para 3.1 of this order. I find that the AO after having satisfied himself about the source of deposits as having been sourced from the advance received for sale of a specific agricultural land sold by the assessee, cannot thereafter have any grievance against the order passed which has relied upon his own Remand Report. Consequently, the occasion to file an appeal against the consequential relief does not arise. It is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f registry annexed herewith Annexure C). 6.1 Considering the submissions, facts and findings arrived at in para 4.5 to 4.7 of the CIT(A), I find no merit in the departmental appeal. Being satisfied by the reasoning and the finding arrived at in the facts which remain unrebutted on record, the appeal of the Revenue is dismissed. 7. Though the ITAT has the powers to impose costs, however the exercise of the power is refrained from. However, it is hoped that the administration vigorously ensures that the Officers are advised and instructed to exercise their discretion fairly and judiciously in not filing appeals frivolously. It is noted that the administrative checks and balances put in place by the Department for ensuring that frivolous....