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2015 (2) TMI 284 - HC - Income TaxRectification of mistake - gifts of ₹ 13.25 lacs received by the petitioner from one Kishan Punjabi (donor) were not genuine - Held that:- It has not been shown to us that the findings reached by the Tribunal on examination of the statement of the donor is in any manner perverse and/or arbitrary. So far as reliance in the order dated 10th July, 2007 on th decision of the Supreme Court in P.Mohan Kala (2007 (5) TMI 192 - SUPREME Court) is concerned, it was pointed in the impugned order that it merely records the fact that a gift from abroad does not become genuine merely because it is routed through a banking channel. The Tribunal in its order dated 10th July, 2007 after recording the conclusion of the Supreme Court tested the order of the Commissioner of Income Tax (Appeals) keeping in view that mere receipt of gifts from a foreign party through banking channel would not make it genuine. In fact, it was one of the submissions of the petitioner before the Tribunal that the gift received from the donor who was a foreign national through established banking channel makes it a genuine gift. The petitioner attempted to point out that there are distinguishing features in the decision of P.Mohan Kala (supra) and in present case. However to our mind, facts of the case would not be material for the present purpose as the conclusions of the Supreme Court being relied upon is that in law mere routing of a gift through a banking channel would not by itself establish that the gift is genuine. This finding of the Supreme Court is applicable irrespective of the facts. The genuineness or nongenuineness of the gift would have to be established by other evidence. The Tribunal was thus justified in coming to the conclusion that there has been no error apparent on record in order dated 10th July, 2007. - Decided against assessee.
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