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Commissioner Of Income-Tax, Delhi-Ii vs Ravi Kant Jain on 15 March, 2001

Delhi High Court Cites 18 - Cited by 115 - Full Document

K.P. Varghese vs The Income Tax Officer,Ernakulam, And ... on 4 September, 1981

Even the HUD A has issued re-allotment letter in the name of Sh. Bal Krishan Khanna and Sh. Kapil Jerath on the basis of the agreement to sell and other relevant documents. Evidence of the same is enclosed. The plot in question is an industrial plot. The Hon'ble Supreme Court in the case of K. P. Varghese Vs. ITO Ernakulam & Others reported in 131 ITR 597, has held that the assessee must be shown to have received more than what is declared or discussed by him as consideration. The difference between the market value and the consideration receipt is not sufficient. As far as the burden of proof is concerned the same is on the department. Thus, the Hon'ble Supreme Court in its wisdom ha held that the value for purpose of the Income Tax Act would not be the value for stamp duty but as per the actual agreement to sell".
Supreme Court of India Cites 26 - Cited by 3460 - P N Bhagwati - Full Document

Dinesh Kumar Mittal vs Income-Tax Officer And Others. on 11 March, 1991

A statement of sellers of the property that he received consideration more than that what was declared in the Registered Deed is not tenable in view of the provisions of section 91 and 92 of the Indian Evidence Act, 1872 which provide that no oral evidence is admissible to counter a legally executed registered document has further averred that statement of the sellers of the property were obtained at the back of the assessee. The assessee was never given an opportunity to cross-examine them and as such the law laid down by the Hon'ble Supreme Court that unless evidence of a person is tested on the touchstone of cross-examination the same is not admissible, was ignored. In view of the clear proposition of law the statements obtained by the Income Tax Department under coercion regarding receipt of a higher amount from the sellers of the property who were signatory to the Registered Sale Deed and had received the consideration amount in the presence of a Sub-Registrar are not tenable.
Allahabad High Court Cites 1 - Cited by 49 - Full Document
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