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Showing contexts for: unsigned statement in Acit, Coimbatore vs Late Shri A.Ramalingam, By L/H ... on 27 September, 2017Matching Fragments
30. Now coming to assessee's appeal in I.T.A. No.591/Mds/2016.
31. The first issue arises for consideration is with regard to unexplained payment of `90 lakhs.
32. Shri S. Sridhar, the Ld.counsel for the assessee, submitted that the Assessing Officer found that the assessee has paid a sum of `30 lakhs to each of his three sisters, namely, Smt. Tamilarasi, Smt. Tamilselvi and Smt. Tamilkodi, for relinquishment of their right over the common family property. According to the Ld. counsel, in fact, only `10,50,000/- was paid to three sisters and the assessee's mother, which was reflected in the cash flow statement for the assessment year 2011-12. The seized receipt is undated and unsigned. Therefore, according to the Ld. counsel, it cannot be I.T.A. Nos.1315 & 1316/Mds/2016 I.T.A. Nos.590 to 592/Mds/2016 I.T.A. No.1443/Mds/2016 I.T.A. No.568/Mds/2016 relied upon for the payment said to be made to the assessee's sisters. In fact, the payment was made as per the release deed dated 31.05.2010. This also forms part of seized records. When the registered release deed discloses the payment of `10 lakhs and another amount of `50,000/-, according to the Ld. counsel, the Assessing Officer cannot presume that the assessee has paid `30 lakhs to each of his sisters on the basis of the undated and unsigned receipt. According to the Ld. counsel, when the registered release deed discloses payment of `10,50,000/-, the same has to be taken into consideration and not the unsigned so-called receipt. According to the Ld. counsel, when the release deed discloses the payment of `10 lakhs and another sum of ` 50,000/-, the Assessing Officer cannot make any addition on the basis of unsigned so-called receipt and the statement said to be recorded from the sisters of the assessee under Section 131 of the Act.