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2014 (8) TMI 692 - HC - Income TaxUnexplained gifts - Donee denied to make gifts - burden to prove - ITAT deleted the addition only on the ground that no opportunity was provided for cross-examination - gifts given to brother's children - Held that:- Shri Surendra Bihari Agrawal was having own minor children, when it is so, then why he will give the gifts to the children of his brother - no cheque was received from the firm and he has not given any gifts to anybody - Regarding the cross-examination, the assessee has not availed the opportunity as stated by the AO - On the basis of the statement made by the donor, the burden has shifted upon the assessee as decided in Sumati Daya Vs. CIT [1980 (9) TMI 3 - SUPREME COURT] - the gifts are not genuine as stated by the AO as well as by the FAA - The Tribunal has deleted the addition merely only on the ground that no opportunity was provided for cross-examination - fact remains that assessee never availed it - transaction is not genuine but colorable – thus, the Tribunal has wrongly deleted the addition, it is not desirable in the circumstances of the case - The money is routed indirectly from the firm to the assessee's account under the garb of the gifts – Decided in favour of Revenue.
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