8.2.1.8.

1Sanjeev Varshney: WhatsApp chat and statement

Sanjeev Varshney is the vice president (Sales) in the Gaur group of companies. Statement
of Sanjeev Varshney was recorded on oath u/s 132(4) of the IT Act on 02.03.2022 at 15-16,
Block-A, Ahinsa Khand-2, Gaur Valerio, Near DPS Indirapuram, Ghaziabad. As stated by
Sanjeev Varshney in his sworn statement, he has been looking after booking of residential
and commercial units through brokers or direct sales. During the course of search, various
incriminating evidences in the form of whatsapp chats were found in the phone of Sanjeev
Varshney which were confronted to him. He confirmed the receipt of on money in booking of
residential and commercial units in the Gaur group of companies. The evidences have been
discussed in detail in following paras:

8.12.1.1 A WhatsApp chat dated 10.11.2021 between Sanjeev Varshney and Sarthak
Gaur, found and seized from the mobile phone of Sanjeev Varshney was confronted to him in
his statement recorded on oath u/s 132(4) on 02.03.2022 wherein he stated that the cash was
received in the plot no. 496, 3rd park view. The screenshot of the relevant part of the
statement is as below for reference:-
As apparent from the chat and sworn statement of Sanjeev Varshney, total price of the plot
was at Rs 41086 per sq yd whereas only Rs 32000 was the landing rate. As per the chat, this
difference of Rs 9086 per sq yd translates into Rs 13.62 lacs. This cash component of Rs.
13.62 Lacs is not recorded in the books of accounts of the Gaursons Group of company.

The same fact can also be verified from the data which is found from the main server of the
Gaursons Group of companies. The “3rd Park View” project is developed by M/s Gaursons
Realtech Private Limited and the area of the above mentioned property (Plot No. 496) is 125
square meters (i.e. 150 square yards) and as per the above Whatsapp chat, cash component is
Rs. 13,62,000/- at the rate of 9086 per square yards and with this calculation, total area comes
to be 1362000/9086 = 149.99 square yards i.e. 125 square meters. The relevant data from the
excel maintained in the server with respect to this “3rd Park View” project is pasted below.

From the above snippet, it can be seen that the unit was booked on 16.11.2021 at an
agreement price of Rs. 35,88,790/- which is 23,926/- per square yard. However, as per the
above chat dated 10.11.2021, the sale rate was 41,086 per square yard. There is a difference
of Rs. 17,160/- per square yard between the sale rate and the agreement price. Therefore, the
total difference amounts to Rs. 25,74,000/- which is not recorded into the books of accounts
of the assessee company (M/s Gaursons Realtech Private Limited).

Therefore, on the basis of above facts and the acceptance by Sh Sanjeev Varshney, it can be
concluded that cash to the tune of Rs. 25,74,000.- was accepted in respect of this Unit bearing
number 496 at 3rd Park View project and this cash component was not reported into the books
of accounts of the company as this is evident from the above data that agreement was
finalized at Rs. 35,88,790/- which is way less than the price of Rs. 41,086 per square yard
(41086*150=61,62,900/-) quoted in the whatsapp chat.

Accordingly, the AO may consider making an addition for receiving cash to the tune of Rs.
25,74,000/- in the hands of the M/s Gaursons Realtech Private Limited for financial year
2021-22. The Assessing officer is advised to tax the undisclosed cash receipts at appropriate
hands in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing
with cash transactions, may also be invoked. Efforts are being made to upload the
information with respect to the counter parties as per Annexure R1 on VRU/CIRU
utility.

8.12.1.2 A Whatsapp chat dated 27.10.2021 between Sanjeev Varshney and mobile
9953248035 regarding sale of flat no. 601, Gaur Sportswood, Noida was found wherein,
Sanjeev Varshney has accepted in his statement recorded on oath u/s 132(4) of the IT Act on
02.03.2022 that cash of Rs. 24.84 lacs has been received in FY 2021-22 in sale of flat no.
601, Gaur Sportswood, Noida. The relevant screenshot of the statement and the customer
ledger is as below for reference:-
From the customer ledger pasted above, it is evident that unit number 601 of Gaur
Sportswood Project was sold at basic cost of Rs. 2,03,67,447/- excluding IFMS charges. And,
as per the Whatsapp chat and the sworn in statement of Sh. Sanjeev Varshney, flat was sold
at an amount of Rs. 2 Crore approx and cash component of Rs. 24,84,000/- was accepted
from the customer during FY 2021-22 which is over and above the agreement price and the
same was not recorded into the books of the accounts of M/s Gaursons Sportswood Private
Limited.

The same fact can also be verified from the data which is found from the main server of the
Gaursons Group of companies. The “Sportswood” project is developed by M/s Gaursons
Sportswood Private Limited and the agreement price of the unit is Rs. 2,04,86,447/- which is
approximately equal to the price quoted by Sh. Sanjeev Varshney in his statement. The
relevant data from the excel maintained in the server with respect to this “3 rd Park View”
project is pasted below.
Therefore, on the basis of above facts and the acceptance by Sh Sanjeev Varshney, it can be
concluded that cash to the tune of Rs. 24,84,000/- was accepted in respect of this Unit bearing
number 601 at Gaur Sportswood Project and this cash component was not reported into the
books of accounts of the company.

Accordingly, the AO may consider making an addition for receiving cash to the tune of Rs.
24,84,000/- in the hands of the M/s Gaursons Sportswood Private Limited for financial year
2021-22. The Assessing officer is advised to tax the undisclosed cash receipts at appropriate
hands in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing
with cash transactions, may also be invoked. Efforts are being made to upload the
information with respect to the counter parties as per Annexure R1 on VRU/CIRU
utility.

8.12.1.3 A WhatsApp chat dated 27.10.2021 between Sanjeev Varshney and Aggarwal
sweet Tarun (Mob 999052399) regarding sale of shop located at 7th avenue High Street,
commercial Complex Gaur City Centre, Noida Extension, was found and seized from the
mobile phone of Sh Sanjeev Varshney. Wherein, Sanjeev Varshney has accepted in his
statement recorded on oath u/s 132(4) of the IT Act on 02.03.2022 that cash was received in
this deal through the broker “Tarun” however Sanjeev Varshney could not re-collect the
exact amount of cash received in this deal. The screenshot of the same is as below for
reference:-
In respect of the above chat, Sh. Sanjeev Varshney has stated that a shop in 7 th Avenue High
Street, commercial complex, Gaur City Center, Noida was sold through a dealer Sh. Tarun
Aggarwal and in the sale of this shop cash component to the tune of Rs. 12,51,000/- was
accepted from the customer which was over and above the cheque component of Rs.
32,00,000/-. The counter party is not tracable as per the available whatsapp chat. Efforts may
be taken by assessing officer to verify the details of the shop, customer in respect of which
this cash component was accepted by the Gaursons Group of companies and accordingly, the
AO may consider making an addition for receiving cash to the tune of Rs. 12,51,000/- in the
hands of M/s Gaursons Hi Tech Infrastructure Pvt Ltd for the Financial year 2021-22. The
Assessing officer is advised to tax the undisclosed cash receipts at appropriate hands in
relevant financial year details. Relevant penal provisions of Income Tax Act, dealing with
cash transactions, may also be invoked. Efforts are being made to upload the information
with respect to the counter parties as per Annexure R1 on VRU/CIRU utility.

8.12.1.4 A WhatsApp chat dated 01.10.2021 between Sanjeev Varshney and a contact
number 9953248035 regarding sale of shop bearing number 92 at 4 th floor of Gaur World
Smart Street was found and seized from the mobile phone of Sh Sanjeev Varshney. Wherein
Sanjeev Varshney has accepted in his statement recorded on oath u/s 132(4) of the IT Act on
02.03.2022 that some cash was received in this deal. The screenshot of the same is as below
for reference:-
Customer ledger of the shop is reproduced below.

From the above customer ledger, it is evident that shop number 92 of 4th Floor of Gaur world
smart street was sold at net basic cost of Rs. 33,69,387/-. As per the Whatsapp chat dated
01.10.2021 and the sworn in statement of Sh. Sanjeev Varshney, cheque of Rs. 3,77,000/-
was given and cash component of Rs. 4,00,000/- was accepted from the customer during FY
2021-22 which is over and above the agreement price and the same was not recorded into the
books of the accounts of M/s Fastidious Buildmart Private Limited. The cheque component
of Rs. 3.77 Lakhs as per the watsapp chat is also there in the customer ledger which is
credited on 24.09.2021.

As per the Whatsapp chat and the sworn in statement of Sh. Sanjeev Varshney, cash
component of Rs. 4,00,000/- was accepted from the customer during FY 2021-22 which is
over and above the agreement price and the same was not recorded into the books of the
accounts of M/s Fastidious Buildmart Private Limited.

Therefore, on the basis of above facts and the acceptance by Sh Sanjeev Varshney, it can be
concluded that cash to the tune of Rs. 4,00,000/- was accepted in respect of this Shop bearing
number AFOF 92 at 4th Floor, Gaur World Smart Street and this cash component was not
reported into the books of accounts of the company. Accordingly, the AO may consider
making an addition for receiving cash to the tune of Rs. 4,00,000/- in the hands of the M/s
Fastidious Buildmart Private Limited for financial year 2021-22. The Assessing officer is
advised to tax the undisclosed cash receipts at appropriate hands in relevant financial year
details. Relevant penal provisions of Income Tax Act, dealing with cash transactions, may
also be invoked. Efforts are being made to upload the information with respect to the
counter parties as per Annexure R1 on VRU/CIRU utility..

8.11.1.5 A WhatsApp chat dated 01.10.2021 between Sanjeev Varshney and “Sarthak
G” having contact number 9999555225 regarding sale of a unit bearing number 412 at 7 th
Park view, Yamuna Expressway was found and seized from the mobile phone of Sh Sanjeev
Varshney. Wherein Sanjeev Varshney has accepted in his statement recorded on oath u/s
132(4) of the IT Act on 02.03.2022 that cash to the tune of Rs. 6,44,283/- was received in this
deal. 7th Park view is a project by M/s Gaursons Realtech Private Limited. The screenshot of
the same is as below for reference:-
As apparent from the chat and sworn statement of Sanjeev Varshney, unit number 412 having
area of 105.49 square feet was sold to a customer in which extra cash of Rs. 6,44,283/- was
paid by the customer and this was not recorded in the books of accounts of the Gaursons
Realtech Private Limited.

The same fact can also be verified from the data which is found from the main server of the
Gaursons Group of companies. The “7rd Park View” project is developed by M/s Gaursons
Realtech Private Limited and the area of the above mentioned property (Plot No. 412) is
105.49 square feet. The relevant data from the excel maintained in the server with respect to
this “7rd Park View” project is pasted below.

Therefore, on the basis of above facts and the acceptance by Sh Sanjeev Varshney, it can be
concluded that cash to the tune of Rs. 6,44,283/- was accepted in respect of this Unit bearing
number 412 at 7th Park View project and this cash component was not reported into the
books of accounts of the company.
Accordingly, the AO may consider making an addition for receiving cash to the tune of Rs.
6,44,283/- in the hands of the M/s Gaursons Realtech Private Limited for financial year 2021-
22. The Assessing officer is advised to tax the undisclosed cash receipts at appropriate hands
in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing with
cash transactions, may also be invoked. Efforts are being made to upload the information
with respect to the counter parties as per Annexure R1 on VRU/CIRU utility.

8.12.1.6 Similar evidences of cash receipts in the sale of residential and commercial
units were found and seized from the mobile of Sanjeev Varshney. Screenshots of Sanjeev
Varshney chat with G. Nishant GYC dated 04.12.2020 is produced below:-
The same whatsapp chat was also found in the mobile phone of Sh. Nishant Chadhuary who
is an AGM Sales in Gaursons Group of Companies and taxability of cash received in respect
of Unit number 127, 128 and runway Suit G-05. The detailed discussion has been carried out
in the relevant portion of the Appraisal report.
In respect of Unit “Runway Suites G-06”, the data which is found from the main server of the
company is pasted below:

The cash accepted in respect of this unit G-06 is Rs. 5,00,000/- which also remained
unreported in the books of accounts of the company (Gaursons Realtech Private Limited) as
the agreement is done at a price (Rs. 13,98,200/-) which is lower than the total cost of this
unit as mentioned in the Whatsapp chat as discussed above (Rs. 16,30,000/- + other cost).

Therefore, it can be concluded that the registry was done at a price which was paid in cheque
and the price over and above this cheque component was paid in cash and the cash
component is not reported in the books of accounts of the company as can be seen from the
data found in the server. Therefore, cash received by M/s Gaursons Realtech Pvt Ltd from the
sale of unit number G-06 also is not reported and thus has evaded tax. The Assessing officer
is advised to tax the cash component received by the company (Gaursons Realtech Private
Limited) in the relevant financial year (FY 2020-21). The Assessing officer is advised to tax
the undisclosed cash receipts at appropriate hands in relevant financial year details. Relevant
penal provisions of Income Tax Act, dealing with cash transactions, may also be invoked.
Efforts are being made to upload the information with respect to the counter parties as
per Annexure R1 on VRU/CIRU utility.//

8.12.1.7 A WhatsApp chat dated 23.09.2020 between Sanjeev Varshney and “Param
Uppadhyay” having contact number 9871395270 regarding sale of a shop bearing number 3
at Ground Floor, Gaur City Center was found and seized from the mobile phone of Sh
Sanjeev Varshney. Gaur City Center is a project by M/s Gaursons Hi Tech Private Limited.
The screenshot of the same is as below for reference:-
From the above chat, it is clear cash to the tune of Rs. 50,00,000/- was given by the customer
to Gaursons group of companies for Shop number 3, Ground Floor, Gaur City Center, Noida.
However, Sh. Sanjeev Varshney could not offer any explanation about the deal and the cash
component also remained unexplained. Therefore, cash received by M/s Gaursons Hi Tech
Infra Pvt Ltd from the sale of Shop number 3, Ground Floor, Gaur City Center is not reported
and thus has evaded tax. The Assessing officer is advised to tax the cash component received
by the company (Gaursons Hi Tech Infra Private Limited) in the relevant financial year (FY
2020-21). The Assessing officer is advised to tax the undisclosed cash receipts at appropriate
hands in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing
with cash transactions, may also be invoked. Efforts are being made to upload the
information with respect to the counter parties as per Annexure R1 on VRU/CIRU
utility.

8.12.1.8 A WhatsApp chat dated 02.03.2021 between Sanjeev Varshney and “Platinum
Ajay Mishra Singapore” regarding sale of a Platinum Flat at Gaur Sportswood, Noida was
found and seized from the mobile phone of Sh Sanjeev Varshney. The screenshot of the same
is as below for reference:-

The same was asked to Sh. Sanjeev Varshney vide question number 36 of the statement
recorded under section 132(4) of the Act wherein he could not offer any explanation on the
receipts of cash to the tune of Rs. 20,00,000/- offered by the customer. The screenshot of the
relevant portion of the statement is as under:-
The assessing officer may verify if this deal was materialized or not and whether the cash
component is recorded in the books of account of M/s Gaursons Sportswood Private Limited.
If the cash is not reported in the books of accounts, then the cash received by M/s Gaursons
Sportswood Pvt Ltd has evaded tax. The Assessing officer is advised to tax the cash
component received by the company (Gaursons Sportswood Private Limited) in the relevant
financial year (FY 2020-21). The Assessing officer is advised to tax the undisclosed cash
receipts at appropriate hands in relevant financial year details. Relevant penal provisions of
Income Tax Act, dealing with cash transactions, may also be invoked. Efforts are being
made to upload the information with respect to the counter parties as per Annexure R1
on VRU/CIRU utility..

8.12.1.9 A WhatsApp chat dated 05.06.2021 between Sanjeev Varshney and “G

Bhandari Ji” regarding sale of a Platinum Flat bearing number 701 at Gaur Sportswood,
Noida was found and seized from the mobile phone of Sh Sanjeev Varshney. The screenshot
of the same is as below for reference:-
From the above chat, Gaursons group of companies received PDC of Rs. 2,24,00,000. It has
already been discussed that PDC word is used to denote the cash component which is
received against the sale of plots/units. During the recording of statement, Sh. Sanjeev
Varshney explained that the term “PDC” referred to cash component received in sale of
property in various projects. The relevant portions of the statement and screenshot of where
term “PDC” used for cash components are as under:-
Therefore, it is evident that cash component of Rs. 2,24,00,000/- was accepted against the
sale of Flat number 701 and a cheque of Rs. 2,00,000/- was given on the purchase of flat. The
same fact can also be verified from the customer ledger of this platinum flat that upto June
2021, only a cheque of Rs. 2,00,000/- was received from the customer.
Therefore, on the basis of above facts and the customer ledger, it can be concluded that cash
to the tune of Rs. 2,24,00,000/- was accepted in respect of this Flat bearing number 701 at
Gaur Sportswood project and this cash component was not reported into the books of
accounts of the company.

//entry in the books of accounts of approx.. Rs. 1 crores as per customer ledger

Accordingly, the AO may consider making an addition for receiving cash to the tune of Rs.
2,24,00,000/- in the hands of the M/s Gaursons Sportswood Private Limited for financial year
2021-22. The Assessing officer is advised to tax the undisclosed cash receipts at appropriate
hands in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing
with cash transactions, may also be invoked. Efforts are being made to upload the
information with respect to the counter parties as per Annexure R1 on VRU/CIRU
utility.

8.12.1.10 A WhatsApp chat between Sanjeev Varshney and “Sarthak G” having contact
number 9999555225 regarding sale of a unit bearing number 158 at 1 st A Park view was
found and seized from the mobile phone of Sh Sanjeev Varshney. The screenshot of the same
is as below for reference:-

From the above chat, Gaursons group of companies received PDC of Rs. 10 Lakh. It has
already been discussed that PDC word is used to denote the cash component which is
received against the sale of plots/units. During the recording of statement, Sh. Sanjeev
Varshney explained that the term “PDC” referred to cash component received in sale of
property in various projects. The relevant portions of the statement and screenshot of where
term “PDC” used for cash components are as under:-
Therefore, it is evident that cash component of Rs. 10,00,000/- was accepted against the sale
of Plot number 158 having an area of 105 square yard.

The same fact can also be verified from the data which is found from the main server of the
Gaursons Group of companies. The “1st Park View” project is developed by M/s Gaursons
Realtech Private Limited and the area of the above mentioned property (Plot No. 412) is
105.00 square yards. The relevant data from the excel maintained in the server with respect to
this “1st Park View” project is pasted below.

From the whatsapp, it can be seen that Mr. Sarthak approved the proposal and also approved
the commission of Mr. Jatin. The same can also be seen from the data maintained in the
server which is reproduced above.

Therefore, on the basis of above facts and the approval from Mr. Sarthak, it can be concluded
that cash to the tune of Rs. 10,00,000/- was accepted in respect of this Plot bearing number
158 at 1st Park View project and this cash component was not reported into the books of
accounts of the company.

Accordingly, the AO may consider making an addition for receiving cash to the tune of Rs.
10,00,000/- in the hands of the M/s Gaursons Realtech Private Limited for financial year
2021-22. The Assessing officer is advised to tax the undisclosed cash receipts at appropriate
hands in relevant financial year details. Relevant penal provisions of Income Tax Act, dealing
with cash transactions, may also be invoked. Efforts are being made to upload the
information with respect to the counter parties as per Annexure R1 on VRU/CIRU
utility.The above discussion on evidences found and seized from the mobile of phone of Sh
Sanjeev Varshney and his sworn statement under section 132 (4) recorded during the search
makes it clear that Gaur group has been accepting cash on sales of flat/units/plots, etc over
and above the price disclosed in the books.

The above units and the corresponding cash component are summarized below.

S. No. Name of the Company Name of the Project Unit Number Name of the Customer PAN Cash Component Financial Year
Gaursons Realtech Private
1 Limited 3rd Park View 496 Ms. Neha Gupta ALIPG5898H 2574000 2021-22
Gaursons Sportswood
2 Private Limited Gaur Sportswood 601 Mrs. Ranjana Jaiswal ABSPJ4838J 2484000 2021-22
Gaursons Hi Tech
Infrastructure Private
3 Limited 7th Avenue High Street Not Available Not Available Not Available 1251000 2021-22
Fastidious Buildmart Private Gaur World Smart
4 Limited street Mall AFOF92 Mrs. Geeta AXKPG1296K 400000 2021-22
Gaursons Realtech Private
5 Limited 7th Park View 412 Mrs. Renu Devi DYHPD4472D 644283 2021-22
Gaursons Realtech Private
6 Limited Runway Suites G-06 Dr. Bhavna Shukla BZVPS9830F 500000 2020-21
Gaursons Hi Tech
Infrastructure Private
7 Limited Gaur City Center GF-03 Mrs. Saira Khan DGJPK0902B 5000000 2020-21
Gaursons Sportswood
8 Private Limited Gaur Sportswood Not Available Not Available Not Available 5000000 2020-21
Gaursons Sportswood
9 Private Limited Gaur Sportswood 701 Mrs. Bidu Bhatia BQXPB6835J 22400000 2021-22
Gaursons Realtech Private
10 Limited 1st A Park View 158 Mrs. Nandita Narang ALXPN7498P 1000000 2021-22
Total 41253283

The AO is advised to take necessary action on the above cash component received
against the above units by different group companies of Gaursons.

The group has devised a proper mechanism to keep track of these transactions and terms like
pdc, discount, adj etc were used to denote the cash over and above the disclosed price. The
sales head is engaged in receiving the on money on routine basis, thus unaccounted cash is
prevalent in the business transactions of Gaur group of companies. This fact would further
substantiated by discussion on other evidences gathered during the search in subsequent
paras.