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2010 (5) TMI 612 - ITAT, AHMEDABADAddition - unexplained gifts - . That the majority of the donors have been produced before the Assessing Officer during the remand proceedings and they have confirmed having given gifts to the assessee - It is a settled law that onus to prove the gift claimed to have been received by the assessee is upon the assessee - In this case, the identity of the donors is not in dispute but the creditworthiness of the donor as well as the genuineness of the gift is seriously disputed by the Assessing Officer which is sustained by the CIT(A) - the assessee and his family members claimed to have received gifts year after year on seventy one occasions and sum total of the gifts was amounting to Rs. 34,74,571 - It is against all human probabilities that the relatives who are much poorer than the assessee are giving gifts to the assessee and his family members number of times without any reciprocal gifts from the assessee's side - it is evident that none of them are assessed to tax and their only source of income claimed to be is agriculture income - Held that: assessee has not been able to establish the creditworthiness of the donors as well as genuineness of transaction in respect of gifts from viz. S/Shri Devrajbhai Jevrajbhai, Manubhai Chaganbhai Savani, Chhaganbhai Diyalbhai, Ashokbhai Chhaganbhai and Nareshbhai H. Lakhani - the addition made by the Assessing Officer is reduced by Rs. 23,720 and the remaining addition of Rs. 4,45,000 (Rs. 4,68,720 minus Rs. 23,720) is sustained - Appeals are partly allowed
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