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Judgment
This assessee’s appeal for assessment year 2018-19 arises against order of National Faceless Appeal Centre/ learned Commissioner of Income Tax (Appeals), [in short, the “CIT(A)”], Delhi, in DIN & Order No: ITBA/NFAC/S/250/2025-26/1080295912(1) dated 03.09.2025 involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It transpires during the course of hearing that the assessee/appellant raises her sole and substantive grievance directed against both the lower authorities’ action holding her to have paid the purchase consideration herein amounting to Rs.27.25 lakhs as unexplained; in assessment order dated 29.03.2023 as upheld by the lower appellate discussion.
That being the case, this tribunal is of the considered view that a very limited factual matrix is required to be examined. The assessee has filed a paper book along with relevant sale deed dated 03.04.2017 at pages 446 to 61 of the paper book, wherein, she had herself admitted to have made payment of Rs.27.25 lakhs. Faced with this situation, learned counsel submits that it all was done by the assessee as an inadvertent mistake and her civil suit seeking annulment of the sale deed is also pending
Mr. Rajeev Saxena further seeks to keep the matter in abeyance till the time civil suit is not decided. And also that the so called vendors’ title was defective as well which renders the sale deed in question as null and void.
This tribunal finds no merit in the assessee’s foregoing submissions. It is made clear that the impugned addition is based on contents of a registered sale deed which carries presumption of correctness regarding the recitals thereof. I thus see no reason to interfere in both the lower appellate authorities’ respective findings treating the assessee’s payment of Rs.27.25 lakhs as unexplained.
Next comes the equally important aspect of quantification of impugned addition. The Revenue could hardly dispute that keeping in mind the assessee’s and her family’s social economic status, possibility of some cash savings all along in her hands could not altogether ruled out. It is thus deemed appropriate that a lumpsum relief of Rs.8 lakhs to assessee would just and proper with a rider that the same shall not be treated as a precedent. The impugned addition is therefore restricted to Rs.19.25 lakhs. Necessary computation shall follow as per law.
The assessee’s appeal is partly allowed.