ta on unexplained expenditure

[subbufca]

Hi

In a peculiar case , an assessee acquired a piece of land , whose document value acceptable to the Registering authorities was higher than that of real price at which it was settled . Truly the seller has to pay CGT based  on document value. As the  purchaser has not paid the value as shown in document , they  raises a doubt as to whether the difference would be brought to tax and how this can be defended . Infact the  concern's governing body resolution authorising the purchase was only for lesser sum , but  despite their objections  they  agreed to  for higher document value and  complete the  purchase process within the agreed time schedule .
How the purchaser could legitimately explain  his case and is their any case law in support of  his cause. Please share expert views

With best regrads

subramanian 

[pawansingla]

Kindly specify the assessment year involved. There are many cases which has held that if department does not have any proof of on money payment , difference cannot be added as unexplained investment under sec. 69.

[subbufca]

Kindly specify the assessment year involved. There are many cases which has held that if department does not have any proof of on money payment , difference cannot be added as unexplained investment under sec. 69.

Sir
The facts are relevant to the year ended on March 31,2010. I am sorry that , I missed to state the  period relevant to the issue involved, which is very important

Thanks & regards
Subramaniam

[satyanveshi]

I think it is very difficult in the given circumstances. In general practice,  the real price will be higher than the document value, then the purchaser is not insisted to show the real investment value whereas here in the instant case, the value as per registered document is more than the real value and the purchaser is not willing to show the document value as his investment. He wanted to show the real value as his investment then what is the proof and how he will defend himself. I could not find a solution to the problem. Invariably he has to show the document value as his investment.