2026 (7) TMI 1899

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....r. DR ORDER PER: SAKTIJIT DEY, VICE PRESIDENT: This is an appeal by the assessee against order dated 16-1-2026 passed by National Faceless Appeal Center (NFAC), Delhi for the Assessment Year 2017- 18. 2. Basically, two issues arise out of the appeal preferred by the assessee. The first issue relates to addition of an amount of Rs. 25,00,000/- representing alleged on money paid in cash ....

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....ts. The information available in course of survey allegedly revealed that the assessee had paid on money of Rs. 25,00,000/- to the builder for purchasing the flat. When the aforesaid information was confronted to the assessee, the assessee flatly denied of having paid any amount in cash over and above declared sales consideration of Rs. 49,00,000/-. The Assessing Officer, however, was not convince....

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....ny had admitted of having received cash from the buyers of flat. However, the material on record reveals that in course of assessment proceedings itself, the assessee had not only denied of having paid any cash over and above declaration sale consideration, but had also insisted upon the Assessing Officer to provide a copy of the statement recorded under section 131 of the Act, as also to grant op....

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.... to supply the adverse material to the assessee, but allow him to cross-examine the persons whose statements were relied upon. The denial of such opportunity to the assessee makes the addition vulnerable. Thus, we have no hesitation in deleting the addition of Rs. 25,00,000/- made under Section 69 of the Act. 7. Insofar as the second issue relating to the claim of deduction under Section 80TTA ....