Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 745 - HC - Income TaxGenuineness of the gift - Whether the Tribunal was justified in law in restoring the matter to the file of the Assessing Officer without recording any findings as to how the order made by the Commissioner (Appeals) was bad in law - The Assessing Officer came to the conclusion that the assessee had failed to prove sound financial capacity of the said donor; had failed to establish the circumstances leading to gift and had failed to establish that the money was received as gift only - The Tribunal has failed to appreciate that the Assessing Officer had granted opportunity to the assessee to prove the genuineness of the gift and creditworthiness of the donor but the assessee had failed to adduce any proof in this regard - The onus then could not have been shifted to the Assessing Officer without dealing with the findings recorded by the subordinate authorities - Hence, the Tribunal has failed to undertake the aforesaid exercise and the impugned order is thus vitiated in law
|