Assessee has purchased land admeasuring 1.05 acres for Rs.1,20,00,000. Summons u/s 131 of the IT Act were issued to the seller (i.e. president of the Society Grah Nirman Sahkari Samiti). On the basis of stamp value the Assessing office made the addition on this account to the extent of Rs. 19,41,000 only (Rs. 1,39,41,000 – Rs. 1,20,00,000/-) being the difference between Actual market value (being guideline value as taken by CIT(A)) and the purchase price was confirmed by CIT. On appeal the Tribunal held that no evidence has been brought on record which can prove that assessee had paid amount over and above the stated purchase consideration of Rs.1,20,00,000/ and merely on the basis of statement of third party addition is held to be not justified . (AY. 2009-10 ,2010-11 )