2019 (12) TMI 1301

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....80/- made by the AO on account of unexplained investment from undisclosed sources, without appreciating the material facts of the case." 2. None has appeared on behalf of the assessee respondent despite the notice sent through the AO was duly served on the assessee as per the acknowledgement and report of the AO. We further note that since beginning the assessee has not been appearing despite the notices issued, therefore, in the facts and circumstances when the notice was duly served upon the assessee as per the acknowledgement of the assessee and nobody has appeared on behalf of the assessee, we proposed to hear and dispose off the appeal of the revenue ex parte. 3. We have heard the ld. D/R and carefully perused the orders of the a....

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....a remand report from the AO. In the remand proceedings, the alleged purchaser Shri T. Lachunagapa, a Sikkimese, has admitted the transaction of purchase of land from the assessee. Based on the said admission of the purchaser, the ld. CIT (A) has deleted the addition. The ld. D/R has contended that it is only a device to cover up the undisclosed income by the assessee by planting a purchaser whose income is exempt under section 10(26AAA) of the IT Act. Thus the ld. D/R has submitted that since the income in the hands of Sikkimese is exempt under section 10(26AAA), therefore, the assessee has claimed that he has received the consideration from the alleged purchaser. The ld. D/R has further contended that the assessee has claimed to have sold ....

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....(Sikkim). It is pertinent to note that it is beyond preponderance of human probability that a person from Gangtok (Sikkim) would purchase a land in Rajasthan against a consideration of Rs. 2,88,60,000/- without having a proper title deed in his favour. The alleged agreement to sell is not a document which can be verified independently and can be considered as a conclusive evidence for transaction of purchase and sale of the immovable properties. Even otherwise, the immovable properties cannot be transferred under such an unregistered document being agreement to sell. The details of assessee's share in the alleged ancestral land are also not available on record. It is also not clear from the record whether the assessee was having the share i....