2023 (9) TMI 750

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....record. 2. The Ld. AO has erred both in law and fact, in making the addition of Rs. 11,30,000/-under section 69C of the Income Tax Act, 1961 being unexplained source of income incurred towards purchase of the land without properly appreciating the various submissions/ explanations / evidences on record where in-fact the assessee had not paid a single penny in cash and the entire share of the transaction was routed through the bank accounts and the entire share of "onmoney" was admitted to be paid by the co-owners. This fact existed in the official records as well and the Ld. CIT(A) has also confirmed the same in his order. Furthermore the Ld CIT (A) also erred in confirming the captioned addition when he over-looked all the facts a....

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....the same was no-where disputed or varied in facts, and it was accepted by everyone including co-owners, that the assessee had paid only INR 30,00,000 and the "on-money" and the stamp-duty were solely discharged by the other co-owners, the addition of INR 11,30,000 in the hands of the assessee on protective basis, for what was paid by the co-owners (similar to partners / donors/creditors) was impunged and bad in law. Also the same is against the principles of natural justice. 6. Hence in light of the above facts and similar case-laws, the assessee requests the Hon'ble ITAT to quash the order of the Ld CIT(A), along with the order for penalty u/s 271 (1) (C) as the same is bad in law and provide any other appropriate relief. ....

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....time of hearing, none appeared on behalf of the assessee despite giving several notices which were duly received as per the acknowledgment card received by the registry. Therefore, proceeding on the basis of details such as assessment order, order of the ld. CIT(A) and some of the case laws along with Form 35 and Form 36 filed by the assessee. The contentions made by the assessee before the Assessing Officer as well as CIT(A) are taken as contentions before the Tribunal. 6. There is a delay of 1494 days for which the assessee has filed condonation of delay application thereby stating that the assessee is not residing in India and in fact is a NRI and therefore was not aware to the order dated 19-08-2016 passed by the ld. CIT(A). The asse....