Assessee is a partnership firm engaged in business of civil construction, sold a land to Shri Govind Reality Pvt Ltd  for a sum of Rs. 1.20 crores through an unregistered agreement and received an advance of Rs. 10 lakhs. Shri Govind Reality Pvt Ltd    further sold said land for consideration of Rs. 4.70 crores to  Swami Vivekanand Institute of Neurology Neurosurgery & Spine and M/s Swami Mediservices  Pvt Ltd.  Sale consideration amount of Rs. 4.70 crores was received by assessee from Swami Vivekanand Institute of Neurology Neurosurgery & Spine and M/s Swami Mediservices  Pvt Ltd.  Assessee retained balance due of Rs. 1.10 crores from Shri Govind Reality Pvt Ltd    and passed excess amount to Shri Govind Reality Pvt Ltd. Assessee offered to tax sale consideration of Rs 1.20 crores received from Shri Govind Reality Pvt Ltd  as its business turnover. Assessing Officer held  that  Shri Govind Reality Pvt Ltd   was not at all owner of assessee’s land and assessee was trying to swindle amount of Rs. 3.50 crores as income of Shri Govind Reality Pvt Ltd    and eventually trying to evade tax by presenting an unrealistic picture of financial accounting. Therefore, he made additions on account of entire sale consideration of Rs. 4.70 crores as business income of assessee. On appeal the CIT(A) deleted the addition of Rs. 3.50 crores made by the Assessing Officer. CIT(A) enhanced the income under section 251  for failure to charge the interest as per the terms of the agreement. Accordingly addition of  an amount of Rs. 6.40 lakhs  was made on account of notional interest. On cross appeal the Tribunal held that  in view of law laid down in case of CIT v. Balbir Singh Maini (2017)86 taxmann.com 94 (SC)  an unregistered agreement’ has no efficacy in eyes of law, therefore, Shri Govind Reality Pvt Ltd      could not be treated as owner of land on basis of impugned unregistered agreement, and accordingly, there was no transfer or sale of immovable property by Shri Govind Reality Pvt Ltd   Swami Vivekanand Institute of Neurology Neurosurgery & Spine and M/s Swami Mediservices  Pvt Ltd. Accordingly  addition made to income of assessee was justified. Tribunal deleted the enhancement made by the CIT(A). (AY. 2015-16)