Shanmugasundaram v. ITO (2024) 209 ITD 158 (Chennai) (Trib.)

S. 69C : Unexplained expenditure-Sale consideration-Agricultural land-No material with the department-Addition is deleted.

Assessee is  an agriculturist who purchased 6 acres of agricultural land for certain sale consideration. Assessing Officer alleged that assessee paid cash of Rs. 78 lakhs to seller over and above sale consideration mentioned in sale deed. The AO made addition. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that  there was no documentary evidence unearthed by Assessing Officer which could show that assessee had paid huge amount over and above sale consideration mentioned in both sale deeds and moreover if testimony of one witness was discredited, there was no material with department on basis of which it could justify its action, as unsubstantiated statement of witness was only basis of making addition.  Addition is  deleted. (AY. 2010-11)