2025 (8) TMI 820

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.... assessee is a house wife and she did not have any taxable income and therefore, she was not filing her return of income. 4. In this case, based on the Non-filers Monitoring System, data available with the ld. AO through ITBA module, ld. AO noticed that assessee had made some transaction of purchase of immovable property for Rs. 54,00,000/-. Since assessee had not filed her return of income for A.Y.2013-14, a notice u/s.148 was issued on 09/03/2020. During the course of assessment proceedings in response to one of the notice dated 16/09/2021 assessee stated as under:- "I am a house wife. There is no income of my own. In the said year my husband had purchase a property. My husband name is AVADHUT DHAGE. His pan card is AFOPD9938F. For the....

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.... bank statements of Shri Avadhut Dhage was filed before the ld. CIT(A). However, the ld. CIT (A) without even examining these documents and despite noting all these details in his order has rejected the assessee's contention holding as under:- "7. I have perused facts of the case Assessment order of the AO submission of the appellant and the documents available on record. On perusal of the record it is seen that the only addition made is in respect unexplained investment in the purchase of immoveable property in joint name, and 50% of the total investment has been treated as unexplained investment being the share of the appellant. The documents filed with the submission are not verifiable. Nothing has been brought on record to show that t....

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....d by Avadhut Dhage (PAN No AFOPD9938F) - Rs. 40,000,00 - (as per details below) towards Part Payment of the Property. * Funded by HDFC BANK as House Property Loan in the name of Avadhut Dhage (PAN No AFOPD9938F) - Rs. 60,000,00.00/- with loan disbursement cheque details showing beneficiary as Sonu Surjit Singh Vasan - Seller. The Part Payment of the Property has been paid by Mr. Avadhut Dhage (PAN No -AFOPD9938F) as follows: Date Bank Branch First Holder Cheque Number Amount (Rs.) Towards Annexure 12/11/2012 HDFC Mohamed All Road Avadhut Dhage 491509 51,000/- Sonu Surjit Singh Vasan Bank Statement -Annexure 4 15/11/2012 HDFC Mohamed Ali Road Avadhut Dhage 491510 25,00,000/- Sonu Surjit Singh Vasan Bank Statement -....