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2015 (7) TMI 403 - AT - Income TaxAddition u/s 68 - CIT(A) deleted the addition - Held that:- The assessee received the first gift of ₹ 2 lacs from Sh. Parveen Kumar. In the course of her statement recorded by the Assessing Officer, it was stated that Sh. Parveen Kumar is a close friend of her husband who gifted this amount on the occasion of her marriage anniversary. As regards the Inspector's report that Sh. Parveen Kumar was not traceable at the given address, we find that the assessee furnished not only the copy of ration card but also of the PAN card and other evidence divulging the correct address of Sh. Parveen Kumar which was given to the Assessing Officer. There cannot be any reason to accept the view point of the Assessing Officer that PAN and ration card can also be fraudulently obtained.learned CIT(A) was right in accepting the assessee's contention about the genuineness of the gift received by the assessee from Sh. Parveen Kumar. As regards the gifts received from NRI donors, namely, Sh. Manmeet Pal Singh and Sh. Harminder Singh, we find that the assessee categorically stated before the Assessing Officer during the course of her statement that both these persons are real brothers and their father Sh. Ajit Singh is very close friend of her father-in-law, Sh. Gurucharan Singh. Both these persons were stated to be family friends. Not only that, the assessee also gave personal particulars of these donors by explaining the nature of business carried out by them and also the names of their children. The assessee also submitted that the gifts were made by these two persons on the occasion of birthday of her daughters. A copy of the bank NRI account of Sh. Harminder Singh for six months period from 01.04.2002 to 30.09.2002 disclosed total deposits credited to his account at ₹ 51.61 lac, out of which a sum of ₹ 7 lacs was gifted to the assessee. During the same six months period, there were credits in the bank NRI account of Sh. Manmeet Pal Singh to the tune of ₹ 31.60 lac, out of which a sum of ₹ 8 lacs was gifted to the assessee. Thus no hesitation in holding that the assessee discharged her burden in not only proving the identity of the donors, but also their capacity and genuineness of the gift transactions. - Decided against revenue.
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