B.S.Associates v. Dy.CIT ( 2020) 187 DTR 202 / 203 TTJ 728( Ahd ) (Trib)

S. 69B : Amounts of investments not fully disclosed in books of account –Burden is on the revenue to prove – Merely on the basis of stamp valuation addition cannot be made . [ S. 45, 48, 50C(2), 69 ]

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 )