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2015 (11) TMI 734 - AT - Income TaxUnexplained cash credits u/s. 68 - AO rejected the gift plea for want of creditworthiness - Held that:- neither the assessee produced his son having very good relations with the donor nor the donor himself for necessary deposition right from scrutiny till date. It goes without any gainsaying that what is left only the donee’s statement or assertion hereinabove in support of the gift and donor’s confirmation received from abroad not even naming the asseessee’s son. We put specific query to the assessee in the course of hearing as to why the donor was not produced. He replied that the Assessing |Officer did not ask him to do so. We are not impressed with this stand. Once the assessee had claimed a specific relation alike that of “Kanha and Nand” between donor and himself, it was for him to discharge at least initial onus. He has failed to do so. We deem it appropriate to observe at this stage that these income tax proceedings do not involve strict rules of evidence law. At the same time, there has to be some reasonable element in an explanation offered by the concerned assessee so as to shift the onus in the Revenue’s court. This case does not involve any such shifting of onus much less than the burden. Coupled with this fact that the donor in question is not in any way related to the assessee. And also there is no corresponding channel in the gift instrument linking assessee’s amount credit to that of donor’s account. We take into consideration all these facts and hold that the assessee has failed to prove the execution of a valid gift in question. - Decided against assessee.
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