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2004 (7) TMI 59 - HC - Income TaxAddition of Rs. 1 lakh, gift received from Smt. Asha Devi Singhi - Income From Undisclosed Sources - Considering the detailed reasons given by the Commissioner of Income-tax (Appeals), especially the fact that in spite of his direction, the donor has not been examined through a commissioner by the Assessing Officer, though Smt. Asha Devi Singhi has given the affidavit to this effect and also the declaration that she has given the gift of Rs. 1 lakh to the assessee. - donor was impressed by his grandmother, who was a "Sadhvi" in Jain Dharam and donor also visited so many times to Jaipur and stayed with his family and gift has been given. On these admitted facts and the reasons given in detail by the Commissioner of Income-tax (Appeals), we see no reason to confirm the view taken by the Tribunal. Even merely on conjectures and surmises, such gifts cannot be treated as not genuine. Therefore, we are of the view that the gift is genuine and the Tribunal has committed an error in restoring the addition of Rs. 1 lakh that for no justification.
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