2025 (6) TMI 1076

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....ally on 05.020.2022 declaring total income at Rs. 1,40,020/- which was revised on 18.02.2022 at a figure of Rs. 19,09,640/- A search and seizure action u/s 132 of the Income Tax Act, 1961 (the Act, in short) was carried out in the case of Hans group of cases on 06.01.2021 where in the WhatsApp chats found from the mobile phone of Mr. Praveen Kr. Jain seized, an agreement to sell was found which is in relation to the purchases of residential property by the assessee jointly with his wife Smt. Ritu Bhuttan for a total consideration of Rs. 1.85 crores. This agreement was unsigned and unexecuted. Assessee along with his wife has purchased an immovable property for which the agreement was registered at Rs. 61.00 lacs. The AO by alleging that the....

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....r contra, ld. CIT DR vehemently supported the order of the lower authorities and submitted that the contents of the agreement found in the mobile chat pertained to the purchases transaction carried out by the assessee. Thus, the action of the AO in treating the sale consideration mentioned therein as the actual sale consideration and making addition by treating the differential amount of declared consideration stated in the registered sale deed and the said agreement to sell as cash paid out of undisclosed sources is correct. She, therefore, prayed for the confirmation of the addition so made. 5. We have considered the rival submissions. From the perusal of assessment order, it is seen that no search was carried out in the case of the as....

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....ject matter of That being the case, we first of all note that the alleged agreement extracted at pages 2 to 3 in the Assessment Order had nowhere been signed by either of the parties thereon. The Revenue seeks to buttress the point that the departmental authorities had deciphered the same on the basis of whatsapp chats which formed part of the seized material as a "document" as per section 2(22AA) of the Act. 5. We are of the considered view in this factual backdrop that once the above alleged agreements formed part of the seized material, the impugned "normal" assessment could not be held as sustainable in law since not framed as per the specific provisions of section 153C(1) of the Act. We thus quash the same for this precise rea....