2018 (3) TMI 726

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.... purchase of property directly from her account and had not filed documentary evidence which can prove that the payment of Rs. 83,00,000/- through transfer by her son was paid to the seller/related to the purchaser of the property under consideration 2. On the facts and circumstances of the case and in law Ld. CI(A) erred in accepting the affidavit of the seller in contravention of Rule 46A of the I.T. Rules, 1961 as the affidavit was not filed before the AO during the course of assessment proceedings." 2. During the year under consideration, the assessee purchased 3 agricultural lands jointly with her sister-in-law Smt. Prem Lata Devi for a total consideration of Rs. 1,94,42,000/-. The assessee's 50% share including the claim duty Rs.....

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....of Shri Raj Kumar and balance consideration remained unexplained. He has relied upon the orders of the Assessing Officer. The ld. AR of the assessee has submitted that the assessee filed affidavit of the sellers as well as affidavit of the son of the assessee to explain the mode of payment and source purchase consideration. The ld. CIT(A) after considering the details filed by the assessee before the AO as well as the affidavits from sellers and Shri Raj Kumar son of the assessee found that the purchase consideration of Rs. 83 lacs was paid through cheque issued from the bank account of Shri Raj Kumar and balance amount was paid in cash. He has relied upon the impugned order of the ld. CIT(A). 4. Having considered the rival submissions and....

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....e was a cash withdrawal from the bank account of Shri Raj Kumar the son of the assessee of Rs. 45 lacs and also there is transfer entry of Rs. 83 lacs which was accepted by the AO in his order however, the AO has considered only the cash withdrawal as source available with the assessee for payment of consideration. The ld. CIT(A) after considering the necessary details has given the finding in para 5.3.2 as under:- "5.3.2 I have considered the above mentioned facts of the case along with the bank statement of Sh. Raj Kumar. In this regard I have also perused the affidavit from the purchaser Sh. Ajay Pal, who has affirmed that he has received an amount of Rs. 83 lacs thrugh cheque No. 868041 dated 14/01/2009 as the sale proceed for the pro....