2026 (4) TMI 1404

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....7 r.w.s. 144B of the Income Tax Act. 2. The brief facts of the case are that the assessee had filed his return of income for A.Y. 2015-16 on 29.12.2015 declaring total income of Rs. 1,37,330/-. The AO had received an information from Investigation Wing about sale of land by the assessee situated at Hanspura Village, Khata No. 74, Reveue Survey no. 113 on 25.07.2014 for a consideration of Rs. 6,82,53,000/-. The assessee was a co-owner of the said land and no capital gain was offered in the return. Therefore, the case of the assessee was reopened u/s. 147 of the Act. In the course of assessment, the assessee had explained that neither the captioned land was sold to anyone nor any Power of Attorney (POA) was executed in favour of any person....

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....ainst law, equity & justice. 2. The Ld. CIT(A) has erred in law and on facts in confirming additions of Rs. 3,41,26,500/- made on protective basis without considering facts on records ad submission with evidences made in right perception. 3. The Ld. CIT(A) has grossly erred in confirming the additions of Rs. 3,41,26,500/- made on protective basis considering only fact that Honorable Gujarat High Court admitted appeal filed against the order of city civil court and same is under progress ignoring other facts. 4. The Ld. CIT(A) has erred in law and/or on facts to confirm addition on protective basis without appreciating the fact that City Civil Court after considering facts of the case declared "sale deed Void". ....

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....dition for capital gain was made in the hands of the assessee, was declared as void by the order dated 03.06.2020 passed by the Principal Senior Civil Judge, Ahmedabad [Rural], Mirzapur. A copy of the said order has been brought on record in the paper book filed by the assessee. It transpires therefrom that the sale deed was effected on the basis of forged POA and forged signature and the PAN-card of the assessee was not enclosed with the sale deed. Further, the entire sale consideration of Rs. 6,82,53,000/- was allegedly paid in cash for which no receipt of the assessee was brought on record before the Court. The Ld. Principal Senior Civil Judge has held "the registered sale deed as void due to non-payment of consideration amount and due t....