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2014 (4) TMI 673

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..... e part of the AO to dismiss the contents of the Will - the details from the certificate of the registered valuer in respect of jewelry bequeathed to the assessee by her father and also considering the supporting documents indicating clearly the transfer of amount from USA to India - the maximum sum that could have been transferred by the father if considered by each trip from USA was Rs.10 lakhs a .....

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..... nuineness of the Will? B. Whether on the facts and circumstances, the Income Tax Appellate Tribunal is justified in deleting the addition of Rs.35,21,000/- made on account of unexplained investment in jewelry? C. Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal is justified in not treating Rs.10,00,000/- out of the entire amount of Rs.18,00,000/- as unexp .....

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..... . Since the issues are interconnected, they have been decided together. We notice that the assessee is running a maternity hospital being a gynecologist. According to her, she received a sum of Rs.53.21 lacs by way of Will of her father, out of which Rs.35.21 lacs was by way of ornaments and remaining amount by way of cash. Report of the valuer was also furnished and a copy of the Will was subm .....

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..... were passed on from generation to generation and she being the only daughter in India, married and settled, with the consent of brothers ailing father chose to bequeath the same. All these facts cumulatively led both the authorities to concurrently hold that the Will was not questionable. Both have, therefore, rightly held that it was a presumptive action on the part of the Assessing Officer to di .....

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