During the course of search proceedings a draft agreement on the WhatsApp of the mobile of shri Alkesh Patel the partner of the firm was found where in the sale consideration was shown much higher than the actual sale consideration shown in the registered sale agreement . The Assessing Officer computed the capital gain on the basis of rough draft agreement on the basis of agreement found on the WhatsApp of the partner . CIT(A) affirmed the order of the Assessing Officer .On appeal the Tribunal held that the Assessing Officer has not supported his finding with any corroborative and conclusive evidence in spite of the fact that on mobile whatsApp it was stated that the same was a rough draft proposal . Neither any independent verification from the broker , buyers , nor the Assessing Officer has obtained any independent sources i. e. DVO . Accordingly the Tribunal deleted the addition . ( ITA No. 7332 /Mum/ 2018 dt . 30 -1 -2023 )( AY. 2014 -15
Prakash Gems v .DCIT ( 2023) The Chamber’s Journal -April – P. 141 ( Mum)( Trib)
S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]