2023 (2) TMI 160

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....d the following substantive grounds of appeal:- "1. That the order is bad in law and fact of the case. 2. That the Ld. Commissioner of Income Tax (Appeals) has erred in not appreciating the fact that it is not possible to maintain the evidence for Maintenance and Protection of land keeping in view the nature of expenses incurred. 3. That the Ld. Commissioner of Income Tax (Appeals) has erred by affirming the disallowance of the cost of improvement which was incurred for maintaining the land over the period of time. 4. That the Ld. Commissioner of Income Tax (Appeals) failed to consider ITAT judgements in this regard which allows expenditure incurred on improvement of the land long ago even if assessee doe....

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....e Ld. A.O. 6. Per contra, the Ld. DR submitted that the indexed cost of improvement to Rs. 72,46,735/- cannot be believed without there being any evidence regarding construction/development claimed to have been incurred by the assessee's late mother on the inherited property which was sold during the year under consideration. 7. We have heard the parties perused the material available on record and gave our thoughtful consideration. It is the specific case of the assessee is that the improvement cost had been incurred over a period of 25 years since from 1981 for the maintenance and protection of the land by Assessee's deceased mother and since work was got done from non organized sector/labour, no receipt/bill were obtained. The asse....

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.... 1081   Indexed Value   H 72,46,735/- 7. It is not in dispute that the assessee has not furnished even a single piece of evidence such as receipt/bills to substantiate the claim of cost of improvement which ultimately resulted in disallowing the indexed cost of improvement claimed by the assessee by the Lower Authorities. Though the onus to establish the genuineness of any expenditure incurred by the assessee lies on himself/herself, which has not been established by the assessee. But the facts remains that there will be incurred certain expenditure to maintain/improve the property and reasonable estimation to be made in the absence of proper bills and vouchers produced by the assessee. We take support of the fo....