2021 (1) TMI 288

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.... to the present Miscellaneous Application was received on 14.07.2020. 2. In this appeal assessee has challenged the order of Ld. CIT(A) in confirming the disallowance of indexed cost of improvement of Rs. 4,18,500/- claimed by the assessee on sale of plots, thereby computing the long term capital gain at Rs. 4,17,235/- as against long term capital loss of Rs. 1,265/- computed by the assessee. 3. The Hon'ble ITAT at Para 6 of the order held that in the sale deed executed by the assessee the description of the property sold is shown as residential plot and the site plan attached with the sale deed also depicts the plot of land and doesn't show any constructed area thereon. But at the same time there is averment towar....

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.... mistake apparent on record and oblige." 3. The ld DR is heard who has relied on the findings of the Tribunal and submitted that the findings have been arrived at after appreciating all the relevant facts and circumstances of the case and the misc. application so filed by the assessee deserve to be dismissed. 4. We have heard the rival contentions and perused the material available on record including the order passed by the Coordinate Bench and its relevant finding which read as under: "6. We have heard the rival submissions and perused the material available on record. The assessee owns a plot of land measuring 200 sq yards and a part of the said plot measuring 133.33 sq yards, has been sold during the year. On perusal of t....

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....e any confidence and cannot be accepted. Unless the assessee is able to demonstrate with verifiable evidence that there was actual construction on the property so sold, these agreement and affidavit cannot come to the aid of the assessee. The agreement is only an understanding between the two parties to carry out certain work and therefore, merely reflect an intention and understanding between the two parties and cannot therefore be relied to support the actual construction on the part of the plot of land so sold by the assessee. The subsequent affidavit talks about period starting 4.5.2009 and ending on 31.12.2009 during which the work was carried on and we find that the sale deed has thereafter been executed in less than a month on 18.01.....

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....aken into consideration, we find that the same will not lead to any change or impact the outcome or the findings of the Coordinate Bench where it was held that there was inconsistency in the sale deed so executed as far as the exact description of the property is concerned. Further, we find that the decision of the Coordinate Bench is not based solely on review of the sale deed but it has taken into consideration the agreement with the contractor dated 30.04.2009 and subsequent affidavit of the contractor dated 23.10.2017 and has thereafter arrived at its findings that, given the inconsistency in the description of the property in the sale deed and in absence of any corroboration in terms of buyer's confirmation/affidavit or photographs of ....