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2015 (6) TMI 135 - HC - Income TaxReceipt of gift by a Non resident Indian - Unexplained income of the assessees - Held that:- We are bound by the decision of in the case of Murlidhar Lahorimal [2005 (11) TMI 32 - GUJARAT High Court] wherein it is held that the assessee cannot be asked to prove the source of source. Moreover, Gift Tax Act nowhere provides that a gift by somebody who is not creditworthy is not a gift. The Tribunal instead of addressing itself to the requirement of Section 68 of the Act, has adopted an approach which is unwarranted in law. The assessee pointed out that it had received a gift from Shri Chinubhai Thakkar produces the bank certificate and gift deed. The gift is given by way of a cheque. The revenue does not dispute any of these facts. - Decided in favour of the assessees.
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