A.SIVANANDHAM,COIMBATORE vs. ITO, COIMBATORE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the registered conveyance deed is conclusive evidence of the consideration that actually passed. Therefore, the appeal lacked merit.
What were the facts?
The assessee claimed that deposits in their bank account originated from the sale proceeds of an ancestral property, exceeding the amount stated in the registered sale deed. The lower authorities rejected this contention.
What were the issues?
Whether the registered sale deed is conclusive evidence of sale consideration when the assessee claims receipt of higher amounts.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ (SMC
Before: SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
When this appeal was called up for hearing nobody appeared on behalf of the assessee. Though Advocate V.P.Mahesh, Authorised Representative of the assessee has filed a petition for adjournment, citing medical reasons, no evidence in support has been filed. That apart, I also find that the addition of �31,96,000/- assailed in this appeal was made by the Assessing Officer and ITA No.179/Mds/2017. :- 2 -: confirmed by Commissioner of Income Tax (Appeals) rejecting assessee’s contention regarding receipt of sale proceeds much in excess of what has been shown in registered document for sale.
Assessee had argued that his deposits in bank account with M/s. ICICI bank had come from sale proceeds of an ancestral property received in excess of what was mentioned in the registered sale deed. Lower authorities, in my opinion was justified in taking the view that registered conveyance deed is conclusive evidence for the consideration that had actually passed. In the circumstances, I find no merit in this appeal filed by the assessee.
In the result, appeal of the assessee stands dismissed. 2.
Order pronounced on Wednesday, the 31st day of May, 2017, at Chennai.
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