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How to Find dis case law??? pls urgent help Req

Priya Mehta (CA & CS FINAL Article Assiatant) (219 Points)

12 July 2011

Can any1 tell me from which website on internet can i find the whole judegement of following case law. Or Can anyone provide me the link of the following case law. Its related to sec 50C.

CIT v Chandni Buchar (2010) 323 ITR 0510 (Pun. & Har.)

Help from learned Members on club will be very helpful.

Pls ans as soon as possible.

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U S Sharma (glidor@gmail.com) (21056 Points)
Replied 12 July 2011

4. Can the valuation done by any authority of the State Government for the purpose of payment of

stamp duty in respect of land or building be taken as actual sale consideration received by the

purchaser?

CIT v. Chandni Buchar (2010) 323 ITR 0510 (Pun.& Har.)

The Assessing Officer added the difference between purchase price disclosed in the sale deed and

purchase price of the property adopted for the purpose of paying the stamp duty to the total income of

the assessee as income from unexplained sources. The Commissioner of Income-tax (Appeals)

deleted this addition by holding that section 50C is a deeming provision for the purpose of bringing to tax the difference as capital gain. Further, he also held that in the absence of any legally acceptable

evidence, valuation done for the purpose of section 50C would not represent actual consideration

passed on to the seller. The Tribunal also held that valuation done by any State agency for the

purpose of stamp duty would not ipso facto substitute the actual sale consideration as being

passed on to the seller by the purchaser in the absence of any admissible evidence. The Assessing

Officer is obliged to bring on record positive evidence indicating the fact that the assessee has paid

anything more than the sum disclosed in the purchase deed. In this case, the assessee has

discharged the burden of proving the sale consideration as projected in the sale deed by producing

original bank statement.

The High Court, therefore, held that the view taken by the Tribunal while accepting the order of the

Commissioner of Income-tax (Appeals) does not suffer from any legal infirmit

https://220.227.161.86/19932July.pdf

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Mihir (Wealth Manager) (5293 Points)
Replied 12 July 2011

Go to the website of high court and search using the case number, or the parties involved. If its in Mumbai, then go to www.bombayhighcourt.com and see case status and enter your case number. You should find some information.

Priya Mehta (CA & CS FINAL Article Assiatant) (219 Points)
Replied 12 July 2011

Thank u sir for your prompt reply .

SIR I WANT THE WHOLE BARE JUDEMENT .

So pls help again.

Priya Mehta (CA & CS FINAL Article Assiatant) (219 Points)
Replied 12 July 2011

@ mIHIR ITS FROM PUNJAB AND HARYANA HIGH COURT.

So wat is the website pls help me.

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 12 July 2011

https://www.highcourtchd.gov.in/index.php

have tried the site but seems its not yet updated there

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Mihir (Wealth Manager) (5293 Points)
Replied 12 July 2011

https://www.highcourtchd.gov.in/index.php

Suresh Prasad (www.aubsp.com) (15630 Points)
Replied 12 July 2011

This May Help you.......!!!!!!!!!

Click Here

Priya Mehta (CA & CS FINAL Article Assiatant) (219 Points)
Replied 12 July 2011

WHEN I ENTER THE CASE LAW NAME I COULDNT FIND IT PSL ANY 1 HELP ME I WANT THAT CASE LAW ITS VERY URGENT FROM WHIC BOOK CAN I FIND IT .

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 12 July 2011

ITA No. 653 of 2009 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

ITA No. 653 of 2009

Date of decision: 7.1.2010

The Commissioner of Income Tax, Faridabad

...Appellant

Versus

Chandni Bhuchar

...Respondent

CORAM: HON'BLE MR.JUSTICE M.M.KUMAR

HON'BLE MR.JUSTICE JITENDRA CHAUHAN

Present: Ms. Urvashi Dhugga, Advocate

for the appellant-Revenue.

1. To be referred to the reporters or not?

2. Whether the judgment should be reported in the Digest?

M.M.KUMAR,J.

The instant petition filed by the Revenue under Section 260-A

of the Income-tax Act, 1961 is directed against the order dated 27.2.2009

passed by the Income Tax Appellate Tribunal, Delhi Bench (for brevity `the

Tribunal') in ITA No. 1580/Del/2008 for the assessment year 2004-05 in

respect of assessee-respondent.

There is categorical finding recorded by the Commissioner of

Income Tax (Appeals) [for brevity `CIT(Appeals)] holding that value

adopted or assessed by any authority of the State Government for the

purpose of payment of stamp duty in respect of land or building cannot be

taken as sale consideration received for the purpose of Section 48 of the

Act. As against the purchase price disclosed in the sale deed at Rs.

17,06,700/-, the Assessing Officer has adopted the purchase price of the

property at Rs. 30,32,000/-, which is assessed for the purpose of paying theITA No. 653 of 2009 2

stamp duty. Accordingly, it was held that the assessee must have paid

Rs.13,25,300/- over and above the purchase price disclosed in the sale deed

and the Assessing Officer made addition of this difference as income from

unexplained sources. The CIT (Appeals) deleted this addition by holding

that Section 50-C is a deeming provision for the purpose of bringing to tax

the difference as capital gain. The CIT(Appeals) further held that in the

absence of any legally acceptable evidence, valuation done for the purpose

of Section 50-C would not represent actual consideration passed on to the

seller. He placed reliance on the judgment of Allahabad High Court

rendered in the case of CIT vs. Raj Kumar Bimla Devi and others 279

ITR 360. In that case Allahabad High Court has relied upon the

observations made by Hon'ble Supreme Court in the case of Jawajee

Nagnatham vs. Revenue Divisional Officer (1994) 4 SCC 595 to hold that

the Basic Valuation Register prepared and maintained for the purpose of

collecting stamp could not form the foundation to determine the market

value of the acquired land under Section 23 of the Land Acquisition Act,

1894. The burden of proof is always on the claimant to prove such a fact

and in each case the prevailing market value as on the date of notification

published in the State Gazette under Section 4(1) of the Act has to be

proved. The Tribunal also held that valuation done by any State Agency for

the purpose of stamp duty would not ipso facto substitute the actual sale

consideration as being passed on to the seller by the purchaser in the

absence of any admissible evidence. The Assessing Officer is obliged to

bring on record positive evidence supporting the price assessed by the State

Government for the purpose of stamp duty. The view of the Tribunal is

clear from para 7 of the its order, which reads thus:-ITA No. 653 of 2009 3

“From a plain reading of this provision, it emerges out that the

value adopted or assessed by any authority of a State

Government for the purpose of payment of stamp duty in

respect of land or building or both, shall for the purpose of sec.

48 be deemed to be the full value of the consideration received

or accruing as a result of transfer. It nowhere provides that the

valuation done by the State Government for the purpose of

stamp duty etc. would ipso facto take place the actual

consideration as being passed on to the seller by the purchaser

in the absence of any other evidence. The Assessing Officer is

required to bring positive evidence on record indicating the fact

that assessee has paid anything more than the one disclosed in

the purchase deed. The department has taken an argument in

the grounds of appeal that Assessing Officer should be directed

to make a reference to the Valuation Officer under sec. 142A of

the Act. It also raised a plea that Assessing Officer has

wrongly made a reference of sec. 50-C while making the

addition, in fact, the addition is made under sec. 69-B on

account of unexplained investment in the property. We have

taken cognizance of both these arguments. It is the Assessing

Officer who himself ought to have collected the evidence

indicating the fact that assessee has paid more money than the

one disclosed in the purchase deed. The ITAT while sitting in

the second appeal is not supposed to give directions on the

appeal of revenue that a reference to the Valuation Officer is to

be made in order to substantiate the addition. The steps whichITA No. 653 of 2009 4

Assessing Officer could have taken, if not taken then that

lacuna cannot be filled up at the end of the ITAT. In the

absence of any evidence exhibiting the fact that assessee has

made unexplained investment in the house property, no

addition can be justified. Learned Ist Appellate Authority has

appreciated the facts and circumstances in right perspective.

We do not find any error in the impugned order on this ground.

Thus, the ground of appeal raised by the revenue is rejected.”

Having heard the learned counsel, we are of the considered

view that the view taken by the Tribunal while accepting the order of the

CIT (Appeals) does not suffer from any legal infirmity.

The argument of the learned counsel for the revenue that the

Tribunal should have asked the Assessing Officer to make a reference to the

Valuation Officer under Section 142A of the Act does not require any

detailed consideration because CIT(A) had sent the evidence produced by

the assessee to the Assessing Officer for his comments. He conducted an

inquiry and asked the assessee-respondent to produce original bank

statement. Then he sent a reply to the CIT(A) authenticating the whole

transactions. Thereafter the CIT(A) and the Tribunal have accepted sale

consideration depicted in sale deed as fact. The assessee-respondent has

discharged the burden of proving the sale consideration as projected in the

sale deed. Moreover, the learned counsel for the revenue has not been able

to point out that the view taken by the Allahabad High Court in Raj

Kumar Bimla Devi's case (supra) has been challenged before Hon'ble

Supreme Court and the same has been rejected. The aforesaid view seems

to have acceptance of the appellant. It that be so then the principle ofITA No. 653 of 2009 5

consistency would require that the aforesaid view be followed as the

correct view.

Accordingly, we are of the view that no question of law much

less substantial question of law warranting admission of the appeal would

arise for determination of this Court. Dismissed.

(M.M.KUMAR)

JUDGE

07.01.2010 (JITENDRA CHAUHAN)

mk JUDGE

Priya Mehta (CA & CS FINAL Article Assiatant) (219 Points)
Replied 12 July 2011

Thank you sir and evry1 for helping me now m very happy and thank you all from bottom of my heart.

Youll have solved my problem.

God bless u all.

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