SHRI JOHRI LAL SODHANI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR
What did the Tribunal hold?
The Tribunal held that the addition made by the AO and confirmed by the CIT(A) was uncalled for. It noted that the sale deed reflected the actual consideration, and without proving that the assessee invested more than what was recorded, the addition based on an earlier agreement was not sustainable.
What were the facts?
The assessee purchased a plot of land for Rs. 76 lakhs, but the Assessing Officer (AO) and CIT(A) added Rs. 92.33 lakhs to his income, treating it as undisclosed income based on an earlier sale agreement that indicated a higher rate per square yard. The AO relied on this earlier agreement to determine the actual consideration paid.
What were the issues?
Whether the Assessing Officer can add the difference between the sale deed consideration and an earlier sale agreement consideration as undisclosed income without proving actual investment beyond the recorded amount.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Daulat Ram Rawatmull525 citing87 ITR 349 · 1973 · SC · Read judgment
- CIT v. Bedi & Co. P. Ltd.43 citing230 ITR 580 · 1998 · SC
- PCIT Vs Vivek Prahladbhai Patel (2016) 237 Taxman 331. CIT v. Agile Properties (P) Ltd.4 citing159 DTR 59 · 2017 · HC
Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 1046/JP/2017
per the order sheet dated 11-05-2010 (PBP 30-31). All these facts
shows that the earlier agreement of June 2009 was for the different
ITA No.1046/JP/2017 Shri Johari Lal Sodhani vs DCIT, Central Circle-2, Jaipur portion of the land. The agreement of June 2009 was of that portion of
the land on which there was an existing house whereas the subsequent
agreement of 15-01-2010 was for the vacant portion of the land on a
portion of which there was an encumbrance by way of registered
agreement entered by Shri Rajeev Ratan Shukla with Smt. Kamla Devi
Ghiya. In these facts, the rate as per the agreement of June 2009
cannot be applied to the land purchased by the assessee in pursuance
to agreement dated 15-01-2010. It is also noted that no material was
brought on record by the lower authorities to establish that assessee
had paid any amount over and above that recorded in the registered
sale deed dated 12-05-2010 (PBP 43-51). The AO had made the
addition u/s 69 of the Act. As per this section, addition can be made
by the AO where the assessee offers no explanation about the nature/
source of investment or the explanation offered by him is not
satisfactory. However, in the present case, as discussed above,
explanation furnished by the assessee is satisfactory and the AO has
not brought any material on record to disprove the explanation given
by the assessee. The cases (supra) relied on by the ld.AR of the
assessee are squarely applicable and therefore, the addition made by
the AO cannot be sustained. In view of the above facts, circumstances
ITA No.1046/JP/2017 Shri Johari Lal Sodhani vs DCIT, Central Circle-2, Jaipur of the case and the judgements (supra), we do not concur with the findings of the ld. CIT(A). Thus the appeal of the assessee is allowed. 3.0 In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 20 -07-2018.
Sd/- Sd/- ¼ fot; iky jko ½ ¼HkkxpUn½ (Vijay Pal Rao) (Bhagchand) U;kf;d lnL; /Judicial Member ys[kk lnL;@Accountant Member
Tk;iqj@Jaipur fnukad@Dated:- 20 /07/ 2018 *Mishra आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- Shri Johari Lal Sodhani, Jaipur izR;FkhZ@The Respondent- The DCIT, Central Circle-2, Jaipur 2. 3. vk;dj vk;qDr¼vihy½@ CIT(A). vk;dj vk;qDr@ CIT, 4. 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत xkMZ QkbZy@ Guard File (ITA No.1046 /JP/2017 ) 6. vkns'kkuqlkj@ By order, सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S. Middlex, Puri vs. Commnr. Of State Tax, Banijyakar Bhawan, CuttackOrissa · 14 Oct 2026
- M/S Maa Sunadei Indane Gramin Vitrak, Nayagarh vs. Commissioner Of CT And GST, Cuttack, OdishaOrissa · 14 Oct 2026
- Sunanda Raul vs. The Commissioner Of Commercial Taxes And Goods Nad Services Tax, OdishaOrissa · 14 Oct 2026
- Zakir Hussain Ali Khan vs. Additional Commissioner (Appeals), BhubaneswarOrissa · 14 Oct 2026
- M/S Manorama Nayak, Khorda vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar Iv Circle, KhurdaOrissa · 14 Oct 2026