No addition can be made in respect of on-money merely on the basis of third party’s statement recorded u/s 131(1A) and certain notings on rough papers found at third’s premises during search:

AO made an addition in respect of on-money paid by the assessee towards purchase of a land which was deleted CIT(A) and ITAT. On Revenue’s appeal, Hon’ble High Court observed a search was conducted at the premises of a third party and certain notings on rough papers were found. AO also recorded statement of a third party u/s 131(1A). On the basis of such statement and the said notings, AO made the impugned addition. There was no material or evidence that any on-money was paid by the assessee. Further, the said land had a registered document and the value had been accepted by the registered authority for the purpose of stamp duty. AO had also not referred the matter to DVO for determining the market value of the said land as of the date of registration. Even the statement of the said third party was a self-serving statement without any supporting evidence. In light of the above, ITAT held that such third party evidences could not be a base for the impugned addition and deleted the same. Hon’ble High Court didn’t find any error in ITAT’s order. Consequently, Revenue’s appeal was dismissed.

[CIT vs. Kantibhai Revidas Patel – Tax Appeal No.910 of 2013]