INCOME TAX OFFICER, HISAR vs. RAM SARUP, HISAR
Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI
Before: SHRI M BALAGANESH & Ms. MADHUMITA ROYAssessment Year: 2013-14
PER Ms. MADHUMITA ROY, JM:
The instant Revenue’s appeal is directed against the order dated 18.12.2024 (DIN
& Order No. ITBA/NFAC/S/250/2024-25/107133039(1), passed by the Learned
CIT(A)/NFAC, Delhi, arising out of order dated 31.12.2015 of the ACIT, Hisar Circle,
2
Hisar, under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the Assessment Year 2013-14. 2. Grounds of appeal raised by the Revenue’s are reproduced herein below :
“i)
Whether on the facts and circumstances of the case and in law, the Ld CIT
Appeal has erred in deleted the addition of its. 62,50,000/- because as per
Registered Sales Deed assessee has sold 7834.75 Sq yards for a sales consideration of Rs. 8.00 Crores in which assessee sales consideration comes to Rs. 4,62,50,000/-whereas assessee has shown only Rs. 4,00,00,000/- ii)
Whether on the facts and circumstances of the case and in law, the Ld CIT
Appeal has failed to consider the fact that ther is no mention in sales deed that the assessee has not sold 1058.75 Sq. yard in the shape of plot. Moreover, the said allotment letter too issued in the next financial year i.e. on 20.09.2013. As such it is not acceptable that the assessce has not received the entire sale amount of the property.
iii) Whether on the facts and circumstances of the case and in law, the Ld CIT
Appeal has erred in deleted the addition of Rs.4,00,00,000/- because as per
Registered sales deed dated 08.02.2013 the whole amount of Rs. 8,00,00,000/-was received by assessee in cash whereas on the other hand he has accepted that the sales consideration amount of Rs. 4,00,00,000/- received through Cheque No.
972441 clearing date 02.05.2012 in PNB account and Cheque No. 538976288
clearing date 30.03.2013 in SBI account.
iv) Whether on the facts and circumstances of the case and in law, the Ld CIT
Appeal has failed to consider the fact that assessee itself admitted that " सािलम
िवय धन नगद घर पर ा हो चूका है " (THE ENTIRE AMOUNT OF SALECONSIDERATION OF Rs. 08 CRORE HAS BEEN RECEIVED IN CASH AT HOME" The Sub-