PCIT v. Nexus Builders and Developers (P.) Ltd. (2022) 285 Taxman 233(Bom)(HC)

S. 69A : Unexplained money – Survey – Addition of hypothetical basis – Deletion of addition by the Tribunal is affirmed . [ S. 133A , Indian Evidence Act , 1872, S. 65B ]

The assessee had sold many  flats .  In the course of survey and search premises of the assessee CD was found  and in the said CD sale transacyion. of Mr Devendra Singh Tomar was found . According to the Assessing officer   Assessing Officer simply multiplied difference in sale price of Rs. 8.55 lakhs to number of flats sold and added a sum of Rs. 3.06 crores under section 69A as disallowance on account of undisclosed money.  Commissioner (Appeals) dismissed appeal but reduced undisclosed income to Rs. 2.97 crores  . On appeal the Tribunal accepted explanation of assessee that initially said flat, of which letter was found, was negotiated and sold for a sum of Rs. 59.34 lakhs, however, said booking was cancelled on ground that agreed price was much higher than prevailing market price . Thereafter, Devendra Singh Tomar  approached assessee and negotiated to purchase flat at Rs. 49.18 lakhs which amount said Devendra Singh Tomar        paid in three instalments .  Devendra Singh Tomar    had also filed an affidavit giving details as well as proofs of payment  There was no evidence found against assessee and no enquiry was carried out by Assessing Officer to find out more details and entire addition had been made on hypothetical basis. Order of Tribunal is affirmed .