Dismissing the appeal the Tribunal held  that sections 31, 32 and 33 of the Specific Relief Act, 1963 clearly mentioned that any instrument which has been registered under the Indian Registration Act, 1908 has to be cancelled by the civil court by way of decree only and then only the Registrar can implement the cancellation of the earlier instrument so registered with them. In the present case, there was no decree obtained from the civil court by the landowner with regard to cancellation of the earlier agreement and therefore, the registered cancellation of the sale deed was not valid in the eyes of law. Further, there was no cogent material to suggest that without passing the consideration, the landowner registered an agreement of sale-cum-general power of attorney in favour of the assessee. But, the recitals were very clear that the vendor had received the sale consideration and executed the document. Therefore, simply cancelling the registered agreement of sale-cum-general power of attorney by way of a registered deed of cancellation was not enough to come to a conclusion that the assessee had not paid the consideration to the landowner. Moreover, the assessee, for whatsoever the reason, himself admitted before the Assessing Officer for making an addition of Rs. 35,96,210, and therefore the assessee was precluded from saying that he had not paid any amount to the landowner and hence there was no any unexplained investment made by the assessee. Moreover, the Assessing Officer had considered the creditworthiness of the 30 investors and the assessee got relief to the extent of Rs. 63,03,790. Apart from this, the assessee had also failed to establish the creditworthiness of the 30 investors. In these circumstances, there was no infirmity in the orders of the Assessing Officer and the Commissioner (Appeals), dismissing the rectification application. (AY.2004-05)