Held that since Paul Brothers  could not hand over possession of his land to the assessee due to ongoing legal disputes, the assessee, on signing of the memorandum of understanding, had made only an advance payment with an agreement to pay the remaining consideration after final settlement of the disputes. The amount was paid by Suresh Kumar Agarwal,   Yogendra Kumar Agarwal, Deepak Kumar Sanwaria  and Vivek Agarwal  out of their personal sources, which they had admitted to being additional income in their respective returns of income filed in various assessment years. The payment made by Yogendra Kumar  Agarwal  was added in his hands on substantive basis per assessment order framed under section 153A. The payment could not be once again considered in the hands of the assessee-company. Therefore, the order of the Commissioner (Appeals) in confirming the addition on account of unexplained cash credit could not be sustained as the amount stood offered to tax in the payers’ individual assessments. Accordingly, the order of the Commissioner (Appeals) was set aside with direction to the Assessing Officer to delete the addition..(AY. 2011-12 to 2014-15)