Document Fragment View
Fragment Information
Showing contexts for: backdated agreements in The Pr Commissioner Of Income Tax-6 vs Nucleus Steel Private Limited on 20 December, 2018Matching Fragments
We had heard arguments on the point of admission to examine whether the expression "genuineness" in the context of the present case has been examined and decided by way of judicial pronouncements. The question of "genuineness" arises in the present case in somewhat a peculiar situation for the Revenue does not dispute payment of Rs.67.50 crores to the respondent-assessee by M/s Unitech Limited on the ground of identity, creditworthiness and even transfer of money. "Genuineness" is disputed for the reason that the explanation given by the respondent-assessee for receipt of the amount, i.e. agreement to sell for land at Taluka Khanpur, District Raigad, State of Maharashtra was rejected for a number of reasons, including sham and bogus backdated agreement to sell, failure to produce the executants, difference between the value indicated and circle rate of the land and the factum that half the value of the alleged transaction was paid in advance.