TaxTMI 
TaxTMI 
2018 (7) TMI 284
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....od deemed as her income u/s. 68 in the absence of any explanation being furnished. The matter traveled to the Tribunal at the instance of the assessee, which restored the matter back to the file of the first appellate authority, who had earlier declined admission of additional evidence, directing him to do so and adjudicate afresh in accordance with law. The ld. CIT(A) admitting the said evidences, called for a remand report from the Assessing Officer (AO), who, however, sent his report dated 18.02.2015 without commenting on the evidences led by the assessee (paras 6, 9 of the impugned order). The source of the cash deposit of Rs. 49 lacs was explained to be an 'agreement to sell' (ATS) dated 22.10.2008 entered into by Sh. Sadhu Singh (s/o Sh. Sunder Singh), the assessee's father, with one, Swaraj Singh s/o S. Kunda Singh, for sale of his 33 Kanals, 17 Marlas of land at village Sandhwan, Tehsil Faridkot, receiving Rs. 50 lacs in cash (PB pgs. 12-16). Further, this was as the bank account under reference was a joint bank account of Sadhu Singh with his daughters, i.e., the assessee and Kulwinder Kaur. The account, it was explained, had in fact been opened by Sadhu Singh, and the nam....
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.... grounds: '1. The ld. CIT(A) has erred in deleting addition made by the AO u/s. 68 of the Act, without appreciating the fact that the assessee failed to prove source of the amount credited to the bank account of the assessee. 2. The CIT(A) has erred in failing the appreciate that the onus to prove source of the amount credited in the bank account of the assessee was on him as held by the Hon'ble Supreme Court in the case of Kale Khan Mohammad Hanif vs. CIT-50 ITA 1 and followed by the Hon'ble Punjab and Haryana High Court in the case of CIT vs. Lachhman Das Oswal-126 ITR 446. 3. The CIT(A) has erred in relying on the decision in the case of Intezar Ali 372 ITR 651, without appreciating that the facts of the case are quite different in as-much-as no witness to sale deed has deposed before any authority and the assessee has never disputed the value of the property before the registering authority as was done in the case of Intezar Ali." 4. The CIT(A) erred in not taking cognizance of remand report submitted by AO vide No. 1075 dated 18.02.2015 and has not appreciated that the assessee was afforded sufficient opportunities during assessment ....
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....e bank on 22.10.2008. Hence, this document/evidence is also devoid of merit.' (emphasis, by underlining, ours) How could, the ld. Departmental Representative (DR) would asseverate, Rs. 50 lacs be paid as advance when the sale deeds subsequently executed, purportedly on the basis thereof, are for a total of Rs. 34.53 lacs? There is apparently no mention of the ATS, or the advance made there-under, he would continue, in the sale deed/s, and the entire cash that actually changed hands on the sale of land was Rs. 8.50 lacs only, given before the Sub-Registrar on 16.04.2009. The ATS is clearly a sham document. The ld. CIT(A) ought to have caused further verification of facts by the AO or, enjoy as he does co-terminus powers, do it himself, and which he failed to. 3.3 We further observe that while the ATS is with one, Swaraj Singh, the sale deed - conspicuous by its absence, states of the sale consideration having been received from six persons, i.e., the land stands sold not to one but to six persons, while the agreement for its sale was with one. Further, the six demand drafts total to Rs. 171 lacs. Adding the cash component of Rs. 93 lacs (approx.), totals to Rs. 264 la....
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....me time, and only expectedly, no reference to the ATS therein. How could, then, the ATS explain the nature and source of the cash deposited on 22/10/2008? Further, the sale deeds, which bear the details of the land, state of one Akshay Kumar (s/o Sh. Vinod Kumar), for Rs. 9.90 lacs) and Sushma w/o Sh. Umesh Kumar and Anju w/o Sh. Parvinder (both sons of Sh. Om Prakash), for Rs. 24.625 lacs, as the purchasers. Thus, apart from difference in amount, the buyers too are also different, with each of the three documents, viz. the ATS; the two sale deeds produced before the AO and the tribunal; and that (or, is it affidavit, as the Revenue claims per its Gd. 4) furnished before the ld. CIT(A), stating different 'facts'. Without doubt, there is much that needs to be explained, including the taxability of the income arising on the sale of land which, again, the ATS being an unregistered document, would be in the following year, i.e., AY 2010-11(CIT v. Balbir S. Maini [2017] 398 ITR 531 (SC)). There is accordingly no question of the assessee having explained, much less satisfactorily, the nature and source of the cash deposited in her Axis bank account on 22.10.2008. Continuing further, a....