Dear all, i need few suggestion to you.
1) i have a land, i gave POA on 16-06-2004 to a person for sale that land for three years. after sometime he told me that a party got stay on that land so we can not sale land now.
2) on 15-01-2016 i got a notice from income tax that i have sold that land on 2008. then i collected documents. i found that that poa holder sold that land to his wife although that time also stay was there on the land. POA holder says that he got cash from buyer and gave that cash to me. no receipt is available.
3) we filed a FIR against POA holder and his wife.
4) he presented deed for registration on 13-06-2007 that time court stay was there on the land. department keep document pending for 8 months and registered deed on 8-2-2008 but that time he was not POA holder. POA was expired on 16-06-2007.
5) now he presented two witnesses to ITO but they are his relatives one is father in law and second one is brother in law. both of them gave affidavits that he paid cash to me.
6) now ITO is going to pass order against me.
I want to know that :
1- can ITO trust on interested witnesses.
2- can ITO treat a fraud as transaction as per law.
3- can you pls send me any judgements which can help me.
4- pls suggest what should i do now.
i will be very grateful, pls help.....