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2021 (9) TMI 588 - ITAT MUMBAIAddition u/s 68 r.w.s. 115BBE - assessment framed u/s 143(3) - amount being inheritance from his father by way of will - Burden to prove - necessary ingredients of creditworthiness of the donor and genuineness of the transactions were not proved - HELD THAT:- The assessee filed letter of confirmation from Mr. Mustafa Husain, Dubai who is one of the three sons of late Shri M.F. Husain certifying that the amount was given to the assessee by way of inheritance out of his father estate pursuant to his will. The assessee has discharged the onus cast upon it by filing these evidences before the authorities below and the authorities below have not carried out any further investigation to prove that the facts as placed by the assessee before the Revenue Authorities are unproved or false. The case of the assessee finds support from the decision of Indo-Aden Salt Manufacturing & Trading Co. (P) Ltd. Vs CIT [1986 (3) TMI 342 - SUPREME COURT] in which it has been held that where the assessee has disclosed primary facts then the burden shifts to the Revenue. In the instant case also the assessee has filed all the necessary evidences before the authorities below. However, no further investigation was carried out - once identity of the person giving the money is established and other evidences are placed before the AO pointing that entry is not fictitious then initial burden lying on the assessee can be said to be fully discharged. Under these circumstances, we are not in agreement with the conclusion drawn by the Ld. CIT(A). - Decided in favour of assessee.
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