Held that the entire evidence of the assessee depicted that the agreement was duly executed by the purchaser and seller. Later the purchaser denied the agreement and rejected the argument for transfer of cash to the seller. During assessment, the Assessing Officer had only relied on the statement of the purchaser and no other circumstantial evidence was placed against the assessee. The Department was not able to adduce any contradictory fact against the submission of the assessee. The cash deposited in the bank account was contemporaneous to sale of agricultural land and supported the agreement of sale. Therefore, the addition under section 69A is deleted . Reassessment is held to be valid. (AY. 2010-11)
Harbans Singh v. ITO (2023) 106 ITR 20 (Amritsar) (Trib.)
S. 69A : Unexplained money-Cash deposited in the bank account-Merely on the basis of statement of purchaser addition is not valid-Reassessment is valid. [S. 148, 151]