COMMISSIONER OF INCOME TAX Vs. BHANWARLAL MURWATIYA

JUDGEMENT

(1.) ALL these nine appeals, arise out of the same judgment of the learned Tribunal dt. 13th Jan., 2004, passed with reference to different assessees, and for different assessment years. However, they have all been admitted, by framing common questions of law as under:

(2.) BEREFT of unnecessary details, the precise facts are that the AO made the assessment, and while so making assessment, found that certain land was sold to Bhanwarlal by Shri Suresh Soni, by registered sale deed, which sale deed was registered for a consideration of Rs. 9 lacs. However, the Department on its own investigation, found that the sale was effected for a price of Rs. 61 lacs and, therefore, relying on the material, collected during investigation, made additions of different amounts in the assessment of different assessees, while some assessments were made as protective assessments also. The assessees filed appeals before the learned CIT, who partly allowed the appeals, and deleted the additions made. Against that, the Revenue filed appeals before the learned Tribunal, and the learned Tribunal dismissed all the appeals.

(3.) THUS , the entire case was sought to be hanged by the Revenue on the peg of statement of Shri Suresh Kumar Soni, said to have been recorded from time to time, who had given varying statements, at different times. Learned AO also relied upon certain statements, said to have, been recorded by the Asstt. Director of IT, of Amar Chand, Bhanwarlal and Radhey Shyam, but then, no reliance was placed on those statements by the learned Tribunal.