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2019 (9) TMI 401 - ITAT JAIPURAddition of cash gift u/s 68 - donors non-appearance before the A.O due to poor health - HELD THAT:- She was mother in law of the assessee having sufficient cash in hand as on 31/03/2011. For this effect, the assessee has also filed statement showing availability of cash on the date of gift. The donor was aged about 71 years at that time. However, due to poor health, she could not appear before the A.O. Mere non-appearance before the A.O. could not be made reason to disbelieve the genuineness of gift when other documentary evidences so filed support the fact of gift. From the record we found that the confirmation from the donor, copy of acknowledgment of return of income and computation of income were submitted to the AO during the course of the assessment proceedings. We restore the matter back to the file of the A.O. for deciding the issue afresh in terms of our above direction. Disallowance of interest on the plea that interest bearing funds have been diverted for non-business purposes - HELD THAT:- From the record, we found that before the A.O. the assessee has submitted statement of interest free fund available with the assessee in the form of his capital to the tune of ₹ 26,08,598/- and also interest free unsecured loan. Thus, the interest free funds available with the assessee was much more than the interest free amount given by him - no disallowance of interest is warranted - decided in favour of assessee
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