Photocopy of a document is acceptable evidence in income tax assessment proceedings

Brief of the case:

• The Hon’ble Punjab & Haryana High Court in the case of Vikrant Dutt Chaudhary Vs. CIT held that photocopy of a document will always constitute relevant “material” for the purpose of assessment because the very use of word “material” in sec 143(3) clearly shows that the AO is not bound by the technical rules of evidence and the like and that he may act on material which may not, strictly speaking, be accepted as evidence in a court of law.
• Therefore , the photocopy of a document if corroborated by the assessee would be sufficient evidence which revenue may use in the course of making assessment.

 Facts of the case:

• Three co-owners i.e. two brothers – Prashant Dutt Chaudhary & Vikrant Dutt Chaudary and their mother – Smt.Vijay Dutt Chaudhary had sold House No.146, Sector 8A, Chandigarh for consideration of `Rs. 39 lacs in September 2000 in which each co-owner had equal share. All the co-owners did not furnish return of income believing that there income was below the taxable limit.
• The co-owners were issued a notice for reassessment u/s 148, in response to said notice he filed his return of income. The case was reopened on the basis of a receipt coming into the hands of Investigation wing that the assessee had received Rs. 55 lacs in cash as advance for the sale and remaining Rs. 28 lacs after sale and such receipt was bearing the signature of Mr. Dutt as seller and his brother and mother as witnesses.
• AO concluded that the Mr. Vikrant had sold the property for Rs. 93 lacs (55+38) and accordingly long term capital gain was assessed in the hands of co-owners equally. Aggrieved by the order, the appellant went in appeal before the CIT(A) ,the CIT(A) dismissed the appeal relying on the impugned receipt of Rs. 55,00,000/-.
• Tribunal also upheld the findings of AO and held that the photocopy of receipt would be sufficient material to prove the case of revenue. Aggrieved by the order of tribunal assessee is in appeal before the High Court.

 Contention of the Assessee: