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2015 (3) TMI 571 - HC - Income TaxGenuineness of the gift - Tribunal deleted addition - revenue seeking another opportunity under Rule 46A - Held that:- Admittedly the Assessing Officer could not examine the donors but during the course of appellate proceedings, the Commissioner of Income Tax (Appeals) had called for a remand report from the Assessing Officer and, in these remand proceedings, all the donors were examined by the Inspector in which the donors admitted having given the gift to the son of the assessee. The Tribunal has found that there was no defect in the inquiry conducted by the Assessing Officer in the remand proceedings with regard to the genuineness of the financial position of the donors. Thus no reason to interfere in the order of the Tribunal. The contention of the appellant that the Assessing Officer was to be given an opportunity under Rule 46A of the Rules of 1962 is patently misplaced and not applicable, inasmuch as the first appellate authority had forwarded all the additional evidence to the Assessing Officer to examine the genuineness and submit a remand report. When the Assessing Officer has himself examined all the evidence, the question of giving another opportunity under Rule 46A of the Rules of 1962 does not arise. - Decided against revenue.
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